Sep
2
If all your HSE and training documents are only in English, you could be leaving yourself wide open under the Corporate Manslaughter act.
It appears to pay to translate if you use migrant workers who may have English as a second language.
Does this apply to Employment Contracts as well? Will all our documents have to be multilingual just in case? It could pay to translate!
Recently though companies are beginning to discover the measures which they must take to protect their new workforces and the risks they may be taking if they don’t. For example an Uxbridge based company Ethos Recycling Ltd were recently fined 35,000 and ordered to pay 3000 in costs after one of their Romanian employees who spoke little English lost a leg in a tragic accident at work after having only worked there a couple of weeks, the company pleaded guilty to two breaches of the Health and Safety at Work Act 1974. Zameer Bhunnoo, HSE investigating inspector said: “With the increase of foreign workers in Britain, it is essential that companies who need their skills take care to ensure workers fully understand what is required of them, and how to avoid risks in the workplace’.Increasing pressure for employer’s responsibility towards employees is The Corporate Manslaughter Act (in England and Wales) and The Corporate Homicide Act (in Scotland) which were recently Introduced by the Government. In addition, the HSE (Health and Safety Executive) have issued a warning to employers to ensure that each member of staff must fully understand health and safety policies and procedures, regardless of whether they speak English or not. Employees must be able to understand policies and procedures fully, if they do not 100% understand written English then these policies and procedures must be provided in a language that they do understand fluently. These new policies reinforce your duty of care toward employees because senior management can be held responsible if it is found that health and safety has been overlooked in any way after an accident.
Blogger BlogNet97928: Health and Safety - Don’t Leave It Open To Interpretation
The original blog that the quote has been taken from is very interesting, and well worth a read if you employ migrant workers.
With excellent drivers coming from Poland and Central Europe all the time, perhaps the recruitment and HSE documents need looking at again.
Sarah
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