Concerns have been raised over the dangers of driving when tired.

The Issue

The latest survey, jointly sponsored by Direct Line Insurance and Brake (a road safety charity) found that there has been a dramatic increase in the number of drivers who admit to driving whilst tired as compared to previous research carried out six years ago.

• Those admitting to driving whilst tired sometime during the past 12 months has increased from 46% to 74%.
• 9% of those surveyed admitted to driving whilst tired at least once a week.
• It is estimated that 20% of fatal road accidents on trunk roads are caused by drivers who are too tired to be behind the wheel. This figure has to be an estimate because it is difficult to establish that a driver was asleep at the time of an accident, so the actual figure could be significantly higher.

Whether driving for social reasons or driving for work, this represents a particularly high risk for those who are driving whilst tired and for other road users. An accident that occurs because a driver has fallen asleep tends to be a high-speed collision simply because the unaware driver makes no attempt to break.

From an employer’s point of view, it is important to educate drivers about the dangers of driving when tired and what to do about it since there are all kinds of misunderstandings and even myths about how to stay awake.

Drivers need to be aware of what to do (what works) and what not to do (what doesn’t work) if they begin to feel tired whilst driving or before setting off.

Remedies that Do Not Work

There are some actions that seem to be almost instinctive but they simply don’t help, for example:

• Opening a window. 70% of drivers have tried this but it is not effective.
• Listening to the radio, CD or tape. 54% of drivers try this but it doesn’t work either.
• Stopping and going for a short walk. 39% have tried this but any effect is very short term.
• Face washing. 29% have tried this but there is no lasting effect.

These techniques don’t work because the only real cure for tiredness is to sleep. A problem associated with all these attempts is that they may result in micro-sleeps. These are short periods of sleep that might last for a few seconds up to half a minute, after which drivers recover consciousness without realising they have been asleep. Clearly, during these short naps, drivers are completely unaware of what is happening around them and they are unable to take any defensive action.

Remedies that Do Work

Following good health and safety principles, the first aim is to eliminate the risk entirely. If this is not possible, the aim should be to reduce risk to acceptable levels.

• Consider avoiding driving all together by using trains or other forms of public transport.
• For anyone planning a road journey, there is no substitute for a good night’s sleep the night before. In fact, a driver who feels tired should not set out on the journey at all.
• For longer journeys, plan the route and timing to allow for regular breaks – typically take a break of at least 15 minutes every two hours.
• Ensure those who drive for work do not exceed recommended limits on driving hours. These are legally enforced for large vehicles but they should also be encouraged for car and van drivers.
• Avoid pressures that might encourage workers to carry on driving when they are tired.
• Test for sleep apnoea. This is a condition that interferes with a person’s breathing while they are asleep and which often goes undiagnosed. However the result is daytime sleepiness and fatigue, making it much more likely that the sufferer will fall asleep when driving.

Drivers who start feeling tired during a journey are recommended to:

• Find somewhere safe to stop as soon as possible.
• Since the only really effective cure for tiredness is sleep, the best option is to find somewhere to have a good night’s sleep.
• If a full night’s sleep is not a practicable option, take a short nap for 10 to 15 minutes duration before carrying on with the journey.
• If possible, combine a short nap with a caffeinated drink, for example two cups of strong coffee. However, the effects of caffeine and a short nap don’t last long. They may help in an emergency but are not adequate for long journeys or for drivers who are still feeling the effects of tiredness.

It is important that drivers appreciate that they are in charge of a lethal weapon that has to be under tight control at all times.

Contact EDP HS&E Consultants for all your health, safety and environment needs. We can check your current arrangements and advise you about any changes or improvements you need to make.

To discuss your requirements, without any obligation on your part, please gives us a call on 01744 766000 or complete the Enquiry Form on our website.

In addition to our regular newsletters, you can also keep up with the latest information from EDP by visiting our blog at http://edp-uk.blogspot.com/

What many are less aware of is that inexperienced workers (typically in the age range from 15 to 24 years old) are likely to be more at risk than their older, more experienced colleagues.

Health and safety at work

It is helpful to know how people are defined by age in Health and Safety law:

“A Young Person” is anyone under the age of 18 years of age

“A Child” is anyone who has not yet reached the official age at which they may leave school, (this is often referred to as the minimum school leaving age, MSLA)

Larger organisations that employ significant numbers of graduates or school leavers on a routine basis should be aware of the need to consider young people as a special case in regard to health and safety. However, smaller organisations that may recruit very few young people or perhaps only employ them on a sporadic basis may overlook the need to give them special attention.

Causal Factors

There are all kinds of reasons why young people face greater work-related risks including, for example:

• General lack of skills and experience of the work, the tasks and the workplace
• Lack of maturity often leading to a failure to recognise risks that may be second nature to their older, more experienced workmates
• Lack of specific health and safety training, coupled with a natural tendency to ignore or not to treat seriously any training that is given.

Statistically, young people are at greatest risk during their first month of employment. This fact points to additional risk factors that employers need to take into account, for example:

• A significantly different environment to that which they have been accustomed to whilst in education
• Longer working hours, possibly coupled with more physically demanding work. These are just two of the factors that may lead to fatigue, particularly toward the end of the day.
• In some cases, they may need to adjust to irregular working patterns and arrangements such as shift systems or overtime working.

Whatever the factors involved, young people are certainly more at risk in the workplace. In 2007/2008 there were 23 fatalities amongst young workers in the UK. Around half of these occurred in just two sectors – agriculture and construction – but there were also accidents and deaths in other industries.

Every fatality or major injury is a tragedy that impacts family, friends and work colleagues as well as those who may be held responsible. Even when there is no blame attached to anyone, the incident can be devastating for all concerned. Somehow, when the victim is a young person, the tragedy seems to take on an added poignancy.

Addressing the Issues

As always with health and safety, the solution must start at the top. Owners, Directors, Senior Managers down must recognise that young people in the workplace face added risks and be prepared to address them.

It always helps if a strong safety culture already pervades the workplace where young people are employed. Apart from being influenced directly by the culture, it also means that other employees are more likely to intervene to correct any unsafe practices of younger workers and are naturally concerned about their safety.

However, there also needs to be a formal approach, beginning with a carefully drafted policy that is signed off at the highest level of the organisation.

The policy must then be backed by a programme of risk assessments particularly aimed at the needs of younger workers. These must be followed up with measures to eliminate or minimise risks including, for example, training, supervision and mentoring.

Training on its own can be notoriously ineffective with young people, who often see safety as someone else’s responsibility. It helps if the training is reinforced, perhaps by the addition of a formal qualification that they can add to their CV. Certainly, they should be getting the same messages from whoever is responsible for their supervision and it helps if the theme of health and safety is carried across into other work related training.

The Health and Safety Executive’s attitude toward young workers is clearly expressed in terms of:

“If a significant risk remains in spite of your best efforts to do what is reasonably practicable to control it, you must not employ the young person to do the work.”

From this statement, we can extrapolate that we should always take extra care in the choice of work for which we employ young people and only do so when we can be assured of their safety.

Resources

The attached document is extracted from a young person’s risk assessment used by EDP Consultants. It must be stressed that this assumes all other required Risk Assessments have been carried out and actioned. The additional questions are in recognition that risks in the workplace are so much greater for young workers.

For Health, Safety and Environmental solutions for larger organisations, please visit the EDP Health Safety & Environment Consultants website for more information from EDP Health and Safety Consultants about outsourcing Health and Safety , health and safety training courses: www.edp-uk.com

Operating throughout the UK, EMEA and South East Asia, EDP has been a Microsoft Ltd vendor for over 17 years on a number of projects and continues to handle all of Microsoft Ltd’s health, safety and environmental management requirements in the UK.

Certification to ISO 14001 ensures that Microsoft Ltd has an environmental management system in place which is maintained to a high standard in order to conform to the improvement goals documented in the company’s UK Statement of Intent on Environmental Sustainability. The Standard demonstrates compliance with applicable environmental laws and regulations and allows Microsoft Ltd to demonstrate to key business stakeholders that the company is taking a pro-active approach to the management and reduction of its environmental impacts.

For further information please submit your enquiry here or visit our website at www.edp-uk.com

EDP’s role in the project was to identify and evaluate the environmental impact of all Microsoft Ltd’s buildings and to assess compliance with all applicable legal and other requirements. EDP then developed and implemented a route map to ISO 14001 certification which included:

•Improving the level of environmental awareness amongst Real Estate and Facilities;
•Developing system documentation in order to meet the procedural requirements of ISO 14001;
•Developing systems to track the environmental performance of Microsoft Ltd’s buildings;
•Providing training for employees with key environmental responsibilities within the Environmental Management System

Simon Fry, Facilities Manager (UK), Microsoft said “We chose to partner with EDP because of their professionalism, reliability and responsive attitude. EDP gave us reassurance at every stage of implementing our environmental management system. Now we have been awarded the ISO 14001 standard, we remain compliant with all legislation and all our employees are adequately aware of environmental activities undertaken within our organisation.”

Andrew Nicholson, Head of EDP’s Environmental Business Unit said “We established a strategic direction for Microsoft Ltd’s environmental requirements and can now drive this plan and tactical implementation, in a seamless and co-ordinated manner. The ISO 14001 standard was gained through working closely with Microsoft UK’s Real Estates and Facilities division and it’s nominated vendors by fully utilising our wider team of environmental consultants.”

For further information please submit your enquiry here or visit our website at www.edp-uk.com

This is part of the UK Government’s commitment to achieve its reduction targets for greenhouse gases.

EDP Health, Safety and Environment Consultants have produce a guide to CRC entitled: The Carbon Reduction Commitment Energy Efficiency Scheme – A Brief Guide which is now available to download.

Click to download the CRC Guide from EDP

For Health, Safety and Environmental solutions for larger organisations, please visit the EDP Health Safety & Environment Consultants website for more information from EDP Health and Safety Consultants about outsourcing Health and Safety , health and safety training courses: www.edp-uk.com

All organisations whose electricity use was measured through at least one half hourly meter (HHM) during calendar year 2008 will be required by law to submit data to the Environment Agency before the end of September deadline.

Companies falling under CRC who fail to submit data on time face a maximum fine of £5,000 plus an additional £500 for each subsequent working day that an organisation fails to register up to a maximum of 80 days.

Many companies appear to be ignorant of the imminent requirement to make an information disclosure or indeed how to accurately calculate their electricity consumption for calendar year 2008. Equally, many companies who are part of a larger group of companies are uncertain as to how CRC will affect their operations and who should be submitting the relevant information to the regulator on their behalf.

EDP has therefore designed its Carbon Reduction Commitment Health Check to provide peace of mind and a clear action plan for compliance for any business potentially affected by the legislation.

EDP’s CRC Health Check includes:

• A report outlining what needs to be done within your organisation to comply with CRC via a tailored ‘compliance pack guide’
• Advice as to what the ‘next steps’ should be and the ongoing management and financial obligations for the organisation
• Submission of the relevant information for a basic or full information disclosure to the regulator on your behalf, thereby ensuring that you comply with the relevant reporting requirements.

If you have concerns about your potential obligations under CRC, please contact Andrew Nicholson, EDP’s Head of Environment Business Unit on: andrew.nicholson@edp-uk.com

Or call on :

01744 766000
07970 301582

Please download our Brief Guide to CRC here

For Health, Safety and Environmental solutions for larger organisations, please visit the EDP Health Safety & Environment Consultants website for more information from EDP Health and Safety Consultants about outsourcing Health and Safety , health and safety training courses: www.edp-uk.com

Download the EDP Whitepaper below:

Click to download the full Whitepaper here

For Health, Safety and Environmental solutions for larger organisations, please visit the EDP Health Safety & Environment Consultants website for more information from EDP Health and Safety Consultants about outsourcing Health and Safety , health and safety training courses: www.edp-uk.com

The relatively small number of responses we have received can hardly be described as statistically significant, but there are, none the less, some interesting points being made.

Summary

All those who responded were in agreement that the way in which health and safety is currently implemented leaves much to be desired. However, that is about the limit of agreement.

• The view of some is that current regulation is simply not tough enough and that either the law or its implementation (or perhaps both) needs to be tightened.
• The other view expressed is that some health and safety legislation lacks common sense, which makes it difficult to implement or that it is being abused to the extent that it has become a joke.

Such differing views are perhaps shaped by individual experiences that vary widely according to the person’s role and perhaps the industry in which they are employed.

Everyone who responded so far believes that a Health and Safety review would be a good thing but for significantly differing reasons.

It would seem, therefore, that it would be a good thing if these (and the many other views that have not been expressed here) were to be made known to Lord Young so that they can be taken into account as part of his review.

What do You think?

If you have views about the Government’s review of health and safety that you would like to see published through our newsletter, then please email your comments to
feedback@edp-uk.com

To ensure topicality, we have published responses soon after our original article. If you would like to respond but feel that you did not have sufficient time, there is still opportunity. Any additional feedback will be added to this article, which will remain available on our website for reference.

Your Responses

The responses are published as they came in to us. In other words, there is no significance in the order in which they appear.

Also, since not everyone wanted their personal details to be published, we decided to indentify the responses only by the initials of those who sent them in.

We as a Company have felt the affect of the ‘claims-culture’ becoming embedded in the industry, and with Insurance paying out so readily, and the consequences from clients viewing statistics rather than reviewing the analysis of the actual incidents, any change or promise of scrutiny of existing health and safety policy is music to my ears, and the most positive thing I’ve heard in this area for a long time…..

[DO]

1. The HSE
   The size of the HSE should be increased with more staff to help defend our workforce and take up more complaints. Cutting the HSE will cost more lives. A lot more harsher penalties should be introduced to make employers wanting to cut corners think and think again. Also to fully review legislation bring the outdated legislation into the 21st century, involving the HSE at every stage. After all they are the real experts in what they do.
2. Trade Union H&S Reps
   Trade Union H&S Reps are highly trained and are the helping hand of the UK workforce in H&S, working in conjunction with the HSE, helping keep workplaces safe, advising employers and reducing accidents. Basic legal powers should be given to the reps so that the employer has to comply as far as is reasonably practicable and failure to do so would involve an enforceable Union Inspection Notice (UIN). This would help out the HSE to pursue the more dangerous employers placing their employees in dangerous situations, whereas at the moment, the reps are relying on the HSE to get the employer to act on their advice.

[PS]

I believe that certain mandatory checks for integrity such as flammable or asphyxiating gas systems, and electrical circuits should be subject to mandatory licensing. Too much emphasis is placed upon goal setting and trust.

I also believe there should be more Inspectors because premises are only examined after an accident has occurred, in my experience.

In summary, the goal setting philosophy is bad because it permits people to choose whether or not to comply with a regulation or take a chance.

[ ]

Another actual incident “could you move that waste paper basket please?” “No sorry I haven’t had manual handling or dealing with waste training”

I am all for health & safety in the work place, but come on health & safety in the workplace has become a joke.

[MB]

If the review is to have an impact, the decision should be made to establish if the problem is 1) H&S legislation, 2) the application of it, or 3) the ever increasing attempt to gain financial reward for something that has happened to you.

If it is the legislation, then what is wrong with it? Is it the perceived over bureaucratic imposition, the sheer volume or the fact we are being rebadged with an EU stance, when what we had pre directives and regulations was a very sound approach to a situation in a work place – i.e. if it is there and happening do it as safely as possible and where there is a risk do something to reduce that risk. Nothing from the EU has changed this, except to increase the documentation and cost.

If it is the application of legislation, then the enforcement process needs to be given the correct structure and resources to provide guidance and support in advance of any rigid enforcement. Resources should also tackle the areas where the problems really exist, and remove the burden from the low risk locations, which are easy pickings because the enforcers don’t understand the complexity.

Or is the real problem the number of “No Win No Fee” parasites who inundate TV, red tops and now street corners looking for the “victim” of a wrong doing to dangle a carrot with the words you keep every penny we get for you. These individuals have made everyday living appear dangerous and if you happen to look in a direction that doesn’t allow you to see the kerb, the tree, or the oncoming vehicle, then the owner/operator should have known you were doing this and done something to look after you.

This approach has led to the fear of action which can cause damage to finances if won, increase operational costs through additional controls in how you operate or even stop people enjoying the things we all have in the past done and loved.

Health & Safety is necessary but not at the expense of common sense and an acceptance that life holds a risk in all we do. If we are not careful we will become so controlled that when something happens we will wait for a third party to come along and stop it before we decide it’s something to do with us.

Also I have decided that being born in the 60’s, based on what is now being done I should be deaf, have at least 2 fingers missing, broken my legs twice, my arm 3 times and need glasses to protect me, and all because I went outside.

[HJ]

I think the addition of free training films with questions and a printable certificate on most or all areas of H&S would be a great addition to the HSE web site and would increase the number of people visiting / awareness of this resource.

These training films could also introduce employees to the concepts of risk assessments, promoting understanding.

In general there is far too much focus from the HSE on written polices / safe working practices. These are often written by the employer / managers to cover themselves and not for the benefit of the employees and are therefore ignored.

The focus should be on good ‘on the job training’ and encouraging more personnel reasonability.

[ML]

Contact EDP HS&E Consultants for all your health, safety and environment needs. We can check your current arrangements and advise you about any changes or improvements you need to make.

To discuss your requirements, without any obligation on your part, please gives us a call on 01744 766000 or complete the Enquiry Form on our website.

For Health, Safety and Environmental solutions for larger organisations, please visit the EDP Health Safety & Environment Consultants website for more information from EDP Health and Safety Consultants about outsourcing Health and Safety , health and safety training courses: www.edp-uk.com

Clearly any opinions expressed before the review has taken place are conjecture at best. However, we do have some pointers based on views expressed by those who are most intimately involved with the review, for example:

David Cameron’s View

Prior to the general election, David Cameron stated, “something has gone seriously wrong with the spirit of health and safety over the last decade”. He also said, “an ‘over-the-top’ health and safety culture has become embedded in the national way of life”.

More recently, the Prime Minister reiterated similar sentiments in the words, “The rise of the compensation culture over the last 10 years is a real concern, as is the way health and safety rules are sometimes applied.” He then went on to say, “We need a sensible new approach that makes clear these laws are intended to protect people, not overwhelm businesses with red tape.”

Lord Young’s View

Lord Young of Graffham is to head up the review. In regard to health and safety, Lord Young is quoted as saying, “Health and Safety regulation is essential in some industries but may well have been applied too generally and have become an unnecessary burden on firms, but also community organisations and public services. I hope my review will reintroduce an element of common sense and focus the regulation where it is most needed.”

Conservative Election Manifesto

You can read a more formal statement on the Conservative party’s approach from this extract from their Public Sector Election Manifesto.

HSE’s View

Judith Hackitt, who is chair of the Health and Safety Executive appears to be taking a positive though cautious approach to the review. In a letter to Lord Young, she welcomed the review and offered the HSE’s help in gathering evidence for the inquiry.

For years, the HSE has been attempting to debunk the many myths that have grown up around Health and Safety and they believe that too often it is invoked to disguise someone’s real motives, such as concerns over costs or complexity, or an unwillingness to honestly defend an unpopular decision.

Union’s View

The Unions appear to be rather more suspicious. The TUC believes the review is likely to undermine the already limited legal protection of UK workers. Far from any relaxation of the regulations, Brendon Barber – General Secretary of the TUC – believes that rather than focusing solely on the needs of business, the government should protect workers by increasing inspections and enforcement action against employers who put their staff at risk by ignoring existing laws.

Your View

Having quoted the views of some prominent spokespersons, it might be more interesting to hear the views of people who are involved with the day-to-day business of dealing with health and safety – people who read this newsletter, for example.

We invite your feedback and if we receive sufficient response we will publish the results.

If you prefer to remain anonymous, simply indicate so in your email and we will omit your personal details.

It is unlikely that such an unscientific gathering of views will have much influence on the outcome of the review but it would still be interesting to know what others are thinking.

Please email us on feedback@edp-uk.com.

Contact EDP HS&E Consultants for all your health, safety and environment needs. We can check your current arrangements and advise you about any changes or improvements you need to make.

For Health, Safety and Environmental solutions for larger organisations, please visit the EDP Health Safety & Environment Consultants website for more information about outsourcing Health and Safety , Health and Safety Consultants, health and safety training courses: www.edp-uk.com

We reported on the Regulatory Reform (Fire Safety) Order in July 2005.

The risk-based approach implemented by the fire safety order applies to (almost) all non-domestic premises – community, industrial and business. Employers, owners and occupiers are required to appoint a competent, responsible person to carry out a fire safety risk assessment, implement appropriate fire protection measures and maintain a fire management plan.

We reported on the Fire Risk Assessment approach in July 2009

The fire management plan must ensure adequate means for the detection of fire, provision of adequate fire alarms, adequate staff training and well-planned and rehearsed fire procedures.

However, all businesses are subject to constant change and it is essential that the assessment of fire-related risks are regularly reviewed and updated.

Consider how you would answer the following questions for your business:-

Do your staff know what to do in the event of a fire?
Do you have a fire risk assessment – or are you still relying on your old fire certificate?
When was your fire risk assessment last reviewed and updated?
Has the layout of your premises changed recently? Has the space you occupy expanded or contracted?
Have people with key safety-related skills recently left your company as a result of downsizing?
When did your staff last receive any fire safety training? Do you have new starters who have yet to receive any training?
Do you have a nominated Fire Warden and have they been trained?

Fire is one of the most significant hazards faced by business. Quite apart from the potential for loss of life, it is estimated that some 60-70% of businesses that experience a major fire, never trade again.

The very real risks of a fire are well recognised and understood by the enforcing authorities and they are supported by the courts as illustrated below:-

The retailer New Look was fined £500,000 in 2009 after a fire at their Oxford Street store in April 2007,
Oil-major Shell International was fined £300,000 in 2009 for fire safety breaches,
In 2010, the landlord of the Star Public House in Hillingdon, London was fined over £16,000 for breaches of the fire regulations,
Pub management company, Publicana Ltd., was fined over £20,000 in 2010 for a series of breaches at its premises, including screwing fire doors shut,
Also in 2010, the Co-operative Group was fined £210,000 plus costs for various breaches of fire safety law including:-
- not keeping emergency exits unlocked.
- lack of suitable instruction and training for staff.
- not regularly testing the fire alarm system.

To help companies understand their current position with regard to fire safety legislation, EDP have developed a one-day audit and report offering which will help you identify:-

What you should be doing.

What you are doing.

What you need to be doing.

We are currently offering this audit for £295 + VAT. A small price to pay for the reassurance that your employees and business are safe.

For further information, please contact us on 01744 766000 or by e-mail on enquiries@edp-uk.com.

Contact EDP HS&E Consultants for all your health, safety and environment needs. We can check your current arrangements and advise you about any changes or improvements you need to make.

To discuss your requirements, without any obligation on your part, please gives us a call or complete the Enquiry Form on our website.

Subscribe to the Health, Safety and Environment Blog (www.healthsafetyenvironmentblog.co.uk) today

For Health, Safety and Environmental solutions for larger organisations, please visit the EDP Health Safety & Environment Consultants website for more information about outsourcing Health and Safety , Health and Safety Consultants, health and safety training courses: www.edp-uk.com

We look at a few of these in turn:

How should employers deal with requests for time off?

There is no legal requirement for employers to give employees time off to watch World Cup matches. Employers should take a common sense and commercial view. How will employee absence affect the overall running of the business?

Requests for leave should be addressed in the usual way. To maintain overall staff morale it may be worthwhile to consider the option of flexible work (as appropriate) in order to accommodate the key fixtures. A blanket ban may in fact be counterproductive and employers should note that an intransigent approach on their part might lead to staff demotivation and resentment. As a suggestion, it may be appropriate to allow staff the opportunity to watch games during working hours and perhaps allow employees the right to make up the time by additional work at other times.

Be careful to avoid employees giving up their rest breaks. Employees are entitled to a 20-minute rest break for every shift lasting more than 6 hours. Workers should not take their break at the beginning or end of a shift. Other suggestions include offering extended lunch breaks or alteration in shift patterns.

What if employees spend an inordinate amount of their working time following the World Cup via the Internet?

Different employers will have a different view on this. Do you have an Internet usage policy in your staff handbook? If not, what is common practice at your workplace? Is personal use of the Internet prohibited or do you allow personal use subject to a reasonable use policy? In any event, employers should expressly state what their policy is. Ideally this should have happened before the tournament kicked off.

Where an employee breaches the rules, either by excessive use or accessing World Cup material where this is prohibited, then the matter should be addressed as soon as it comes to light.

We would recommend that any breach be dealt with informally in the first instance. You would be entitled to take a more definitive approach with persistent offenders. Regarding the latter, a formal disciplinary procedure may be conducted. As a final point, any procedure should be conducted in a fair minded and reasonable manner to avoid any potential allegation of unfair or discriminatory treatment.

How to avoid a potential allegation of unfair/discriminatory treatment

Employers must adopt a consistent approach to employees from different nationalities who request time off/flexible working in order to watch games. If it is your policy to grant time off or to cater for flexible working etc, then this privilege must be granted to those employees who are from different countries and who may wish to follow their team.

All requests for time off must be considered fairly and consistently and not favour a particular group. On the same point, any future requests for time off by employees who may have a different sporting passion (e.g. tennis/Wimbledon) will have to be treated in the same way.

What if you suspect that an employee has fabricated a “sickie”?

If you have an honest belief that the absence is not genuine, based on reasonable evidence and after fair and reasonable investigation, which includes questioning the employee, the employer may proceed and take disciplinary action.

It is always advisable not to jump the gun and initiate disciplinary action without conducting a fair investigation. Rash actions may expose an employer to potential claims for disability discrimination and/or unfair dismissal. Tread carefully and make sure you do a full investigation, including a return to work interview before taking any formal action.

Drunk and hung over employees

If an employee is unfit to work either because of drunkenness or is hung over then this should be dealt with under the employer’s policy on alcohol and its disciplinary procedure.

Initially, it is good practice to conduct an interview and establish the extent of the employee’s condition. Following this, if you are of the view that the employee is incapable of working, would significantly compromise the quality of his work or poses a safety risk then the employee should be sent home.

Following an investigation, it may be appropriate for the employer to conduct a formal disciplinary procedure.

Drunkenness in the workplace should not be tolerated. A failure on an employer’s part to take decisive action will send out a bad message. Employees must be put on notice that drunkenness is not acceptable behaviour and will lead to disciplinary action. The World Cup is a fun event, but should not be an excuse for unacceptable staff behaviour.

End note

With the first matches already played, employers should have notified their staff of what their World Cup policies are. If handled correctly and tactfully, this summer’s tournament presents an opportunity for employers to boost their staff’s morale.

Having a flexible approach to leave requests and attempts by employers to facilitate their staff’s wish to view the key fixtures may well enhance staff loyalty and forge workplace bonds. As a final point, employers should be proactive and look to pre-empt any queries or issues that may arise. By taking control of the process, there will be less likelihood of disciplinary issues arising.

Hopefully Mr Capello will not be beset by disciplinary issues on the pitch!

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For Health, Safety and Environmental solutions for larger organisations, please visit the EDP Health Safety & Environment Consultants website for more information about outsourcing Health and Safety , Health and Safety Consultants, health and safety training courses: www.edp-uk.com