INSIDER FEB 2018

INSIDER FEB 2018

February 2018

PIT GIRLS Glamorous or sexist?

ALMOST FAMOUS INQUEST Lessons to be learned

WORKING AT HEIGHT The legislation for cleaners

PIT GIRLS Emma O’Leary, employment law consultant for the ELAS Group, offers comment on the F1 pit girls story: “A model who lost her job following the PDC decision to axe walk-on girls, says that this job made up 60% of her earnings and she had no problem doing it.  Fair enough?  Or is this an outdated sexist practice that has no place in the current climate? “It’s not just that the walk on girls, or pit girls in F1, must be female, but there is a requirement to be attractive. It’s not strictly unlawful to put such a requirement in a job advert but there are considerations that companies should take before doing so. Firstly, attractiveness is highly subjective and having this as a job requirement makes it very difficult to justify your recruitment decisions. This means that a company will find it very hard to justify rejecting someone with a protected characteristic thereby leaving them open to a discrimination claim. “If someone with a physical disability applied for the role, you could not automatically reject their application by saying that the disability caused that individual to not be attractive enough. They would have to be considered for the role on merit alone.

“Aside from that in employment law terms, employers can request an applicant be female if there is a genuine occupational requirement – such as for the personal care of a female patient.  It’s difficult to see what the requirement here would be. While traditionally these ‘glamorous’ roles have been filled by women – they are after all known as pit girls and walk on girls – should a man apply for the job then equal consideration would have to be given. “With all that being said, if someone really wants a certain job and is happy to do it, should we be banning them? “Women’s rights means that women have the right to choose as well as the right to be treated equally. If women choose to work in these roles, nobody is being exploited and all reasonable steps are being taken to prevent harassment then is it our place to ban these jobs just because we wouldn’t choose to do them? That could be the start of a very slippery slope....” “Women’s rights means that women have the right to choose as well as the right to be treated equally"

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ALMOST FAMOUS INQUEST: LESSONS TO BE LEARNED

A seven day inquest into the death of student Shahida Shahid has ended with a verdict of misadventure. The jury found that Ms Shahid’s death was a ‘an unintended consequence of a deliberate act’ and that a ‘lack of communication’ between her server and the chef led to her being served a dish containing allergenic ingredients, despite her notifying the restaurant of her allergies prior to placing the order. Mike Williams is director of leading UK food safety consultancy STS. He says that there are lessons every food business should take away from this case: “It’s safe to say that the death of Shahida Shahid was not intended by the staff at Almost Famous, however, there was a disregard as to the importance of allergenic ingredient knowledge displayed across the board. As a result a bright, youthful prospect has been lost to her family and friends.  This incident should be a stark reminder to all food business owners, big or small, as to the importance of ensuring all their staff members are aware of the impact that allergens can have. The provision of correct allergen information and clear and concise training of all staff is essential to ensuring consumer safety. 

“The inquest into Shahida’s death, apart from revealing a disgraceful lack of care or sense of responsibility by key staff who declined to participate in the inquiry, showed that there was clear uncertainty amongst Almost Famous employees as to which food items contained allergens and which did not. Furthermore, some staff members were seemingly unaware of the allergens in the food - including the in-store trainer! Whilst it may be unfair to expect each individual to know exactly which allergens are in which foods, it is expected that the breakdown of allergenic ingredients per dish is fully documented. When a customer requests a certain allergen free meal but needs help in choosing, it should be standard practice for staff or managers to provide this. It appears that in this case, this care was lacking. "This incident should be a stark reminder to all food business owners, big or small, as to the importance of ensuring all their staff members are aware of the impact that allergens can have."

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What procedures to follow if a guest requests allergen free foods Where allergen information is held That they should never guess at the content of food and request assistance from a supervisor or manager “Training for food handlers should include the above but in addition as a minimum: Awareness of the 14 known allergens Methods of controlling allergen cross contamination in the kitchen The risk that substitute food items can present Procedures for preparing allergen free meals, especially where there are multiple allergenic ingredients in the kitchen area, including the use of clean utensils, crockery and pans and where necessary chopping boards that have not been used for any preparation after they were cleaned The need to pay attention to customer needs and never guess at allergen content questions when presented by staff and managers “In summary, training for front of house staff should include the following as a minimum:

“One final point about training is that this needs to be completed on a regular basis. Menu items change as do ingredients and therefore staff must be advised when menu specifications and indeed allergen information sheets are amended. It also does no harm to remind staff of the risks that allergies can provide and it would not be seen as over egging the pudding by keeping them at the forefront of the minds of all food handlers. “Legislation for the control of allergen ingredients is no longer new. It might have been relatively new when this incident happened at Almost Famous but now, three years after the legislation was introduced, there is no excuse for any food business failing to achieve these requirements. “Let us hope that all food business operators learn from this incident and that no other family has to go through what the Shahid family has.”

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WORKING AT HEIGHT FOR CLEANERS In the cleaning industry there are often times when you need to work at height in order to carry out certain tasks. Working at height means carrying out work in any place where, if no precautions are taken, a person could fall a distance that is liable to cause personal injury e.g. working on a ladder or a flat roof, falling through a fragile surface, falling into an opening in the floor or hole in the ground. Employers have a duty under the Health and Safety at Work Act, the Management of Health and Safety at Work Regulations and the Work at Height Regulations 2005 to ensure that all work is planned, supervised and carried out by a competent person. Employers should ensure that a specific working at height risk assessment is carried out, outlining the risks and controls that are present when cleaners carry out their duties. Cleaners often work alone or outside normal working hours, so it’s even more important to take all precautions to prevent injury from working at height. Common situations where you could be working at height include cleaning light fittings, staircases, high cupboards, shelving etc. While it can be tempting to simply stand on a bench, chair or counter in order to do this, it’s important to use proper access equipment e.g. ladders/stepladders any time you need to work at height. Visual checks must be carried out before using ladders and should include:

Checking the side rails to make sure they’re not bent or damaged which could cause the ladder to collapse  Checking the feet to make sure none are missing or damaged which could cause the ladder to slip Checking the rungs to see if they are bent or worn Ensure the locking mechanisms are engaged and not damaged Checking the platform on a stepladder - do not use if it is split or unstable Checking the steps to make sure they are not damaged, dirty or slippery

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All reasonable steps should be taken to eliminate the risk of fall but, where this isn’t possible, it is important that you minimise the distance and consequences of a fall, should one happen. Don’t overstretch from one position in order to save time when cleaning - it’s simply not worth the risk! Always take the few extra seconds to readjust the position of your access equipment to ensure your safety and consider the cleaning equipment that you are using when you are at height – is it secured, what would happen if you dropped something etc. Window cleaning brings heightened risk and you should use equipment to avoid working at height e.g. telescopic water fed poles, whenever it is reasonably practicable to do so. If it cannot be avoided, for example when cleaning the windows on high rise buildings, then suitable specialist access equipment must be provided and used at all times.

There are several things that need to be assessed before you start any work at height. While working conditions can vary from site to site, there are certain conditions that must always be considered, including the height at which you will be working, access, location, weather conditions, the ground and surface condition as well as the tools or materials you will be using for the job. Any access equipment used must be suitable for the task, well-maintained, regularly inspected and, where applicable, thoroughly examined in accordance with the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER). Personal protective equipment may be used, including hi-vis, hard hats, gloves and protective footwear. If equipment has been provided, it must be used.

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