Personal Safety Training

Catastrophic Consequences of failing to follow health & safety policies/procedures.

Responsible organisations have duty carried out risk assessments and introduce policies and procedures for the safety of their employees and others.

The death of a young adult with autism which occurred in Nottingham and was the subject of criminal prosecution of a care worker highlighted emphasised the importance of employees being risk assessments and the necessary for staff to be familiar with them.

The incident involved a local authority care worker who received a prison sentence for being in breach of section 7 of the Health & Safety at Work act 1974 which imposes the following duty on employees.

An employee may commit an offence if he contravenes the general duties imposed by    ss.7(a) and 7(b) by failing: to take reasonable care for the health and safety of himself and other persons who may be affected by their acts or omissions at work (s.7(a). See link below relating to the relevant legislation below.

http://www.hse.gov.uk/enforce/enforcementguide/investigation/identifying-employees.htm.

The circumstances: An adult with learning difficulties was taken out by a local authority social services care worker for activities which included water sports. The individual participated in the morning activities but did not want to participate in the afternoon sport.

A care plan was in place to address such issues and the care worker was tasked to simply walk the individual around the lake which took about 45 minutes.

Towards the end of this walk the care worker lost sight of the individual. Dog walkers subsequently found this individual in the lake and he was rushed to hospital but pronounced dead on arrival.

The Police, the Health and Safety executive, the Local Authority all carried out an investigation to establish the cause of the death and the findings later presented to the Coroners Court.

The Court findings: The coroner who was a Judge initially concentrated on the organisation responsible for organising the event (Nottingham City Council) and demanded copies of the all the risk assessments, Policies/Procedures and the individuals care plan.

The Judge went through these documents in great detail and sort clarification on numerous issues by the LA’s Health and Safety management.

The care worker was then questioned by the Judge who unlike the LA refused to answer all questioned put to her

The Judge subsequently concluded that the Policies and procedures which had been in place on the day could not be faulted and had these been followed the death of this individual would not have occurred.

The judge recommended that the care worker should be brought before the criminal court and face chargers under the Health & Safety at Work Act.

Normally under criminal law a person is deemed to be innocent until proven guilty however this is not the case under Health & Safety legislation under this legislation a person is guilty unless they can prove their innocence.

By going “No Comment” when questioned by the Judge the defendant had failed to demonstrate a defence.

The care worker was subsequently charged under sec: 7 of the Health & Safety at Work Act and sentenced to four months in prison.

The headlines in the Nottingham evening post read: Jailed for failing to care

http://www.bbc.co.uk/news/uk-england-nottinghamshire-39056675

For more information about or training go to: www.brooksjordan.co.uk

Last time we wrote about staying safe when travelling by car this post we’ll focus on the do’s and don’ts of taking taxis.

Most people will only take a taxi when for some reason they can’t use another form of transport either because it’s not convenient for public transport or having had a drink, driving would be illegal and probably unsafe as well.

So let’s think about the combination of factors which can add to the risk of taking a taxi –

• You’ve had a drink and so may not be as clear or focussed as you would be when sober
• It’s dark, it may also be raining and hence passers-by are less likely to observe you, the vehicle you get in to and certainly not the taxi driver.
• You’re getting in to closed box that can take you pretty much anywhere with a complete stranger.

All of this adds up to a perfect storm of risk for the unprepared or the unwary.
So how can you make taking a taxi safer?

• The best protection you can have is to travel with friends – remember the old adage ‘safety in numbers’. Not only does this reduce the cost it’s unlikely a lone driver will try anything with a group of you.
• Speak to your Student Union. Usually they can recommend a cab firm or may have an agreement with a local firm to take student’s home even if they have run out of cash (more on this later).
• Use the recommended firm and book your taxi well ahead of time. Ask who will be collecting you and give a name to the firm so you know it really is your driver when the cab turns up.
• Before you get in ask who they have come to collect – check it is your cab.
• Ask the driver for his details

Get on your phone (or pretend to) and ring someone – your conversation goes like this –

You – ‘Hi Dad, (Dave). Yes I’m just leaving now, yes of course it’s a proper firm – its (give name of firm).

Pause to listen – imagine Dave (or your Dad) asking you for the name of the driver.

You – ‘The driver?’  Turn to the driver.  ‘Sorry it’s my Dad (boyfriend) he wants to know your name and number’.

At this point the driver should give you his name.

You – ‘The driver’s name is Pete and his number is KH54DEY.  Yes I’ll be about 15 minutes.’

Turning to the taxi driver ‘Pete I’m really sorry about that – my Dad (Dave) does the doors and he’s just over protective’.

Now – instead of thinking you’re an easy victim in a locked moving box, your driver thinks there’s someone at your destination expecting you to arrive within 15 minutes and that person has all the details they will need to alert the Police if you don’t turn up at the appointed time.

So you’ve run out of money and don’t have the fare to get home – now what do you do?
Sheffield Hallam Union have a great scheme. With one of their approved firms you can hand over your Student Union card in lieu of payment. The next day the taxi driver takes the card to the Union who pay your fare. You get a message from the Union to come in to collect your card and pay what is owed in return for your card. Maybe your Union has a similar scheme – why not call in and find out.

Want to know more about Personal Safety courses for Students from Brooks Jordan? Speak to us on 01623 407793 or visit our website at www.brooksjordan.co.uk for more safety tips or to book training.

KEEP SAFE AND PARTY ON!

Follow Brooks Jordan on Twitter for the next Travel Safe installment on taking public transport.

Consequences of  failing to provide Conflict Management training:

Five things you need to know about handling conflict in the workplace if you want to protect your staff and avoid an expensive prosecution and adverse publicity.

A recent Magistrates Court prosecution brought by the Health and Safety Executive last month (January 2012) demonstrates the costs for organisations which fail to invest in training aimed at addressing work place violence, refer to article below.

Social care workers exposed to violence and aggression

A social care organisation has been fined for exposing workers to the risk of violence and aggression.

The Health and Safety Executive (HSE) launched an investigation at Dimensions (UK) Ltd, a not-for-profit organisation that provides support services for people with learning disabilities, after a support worker was kicked in the eye by a client on 31 December 2009.
The investigation revealed that between March 2009 and December 2010, Dimensions did not have adequate processes in place to control the risk of workers being exposed to violence and aggression.

Dimensions (UK) Ltd, in Reading, was fined a total of £14,000 and ordered to pay £30,000 in costs after pleading guilty to breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc Act 1974.

So how can organisations be sure they are compliant with current Health & Safety legislation?

1. To comply with current Health & Safety legislation employers must carry out a Risk Assessment and have Policies & Procedures in place to address potential workplace violence.

2. The risk assessment must be carried out by a competent person. In reality this is usually carried out by individual/individuals who have personal knowledge with the working practices and any potential high risk duties that employees are responsible for carrying out.

3. Policies and Procedures must be put in place with control measures to address the identified issues to reduce risk as far as is practical.

4. If training issues are identified e.g. the need for Personal Safety, Conflict resolution/Management, Breakaway Skills or Physical Intervention Skills training this must be addressed.

5. A system/ procedure for recording Critical Incidents must be put into place.
Continual assessment must take place to establish that the policies and training are having the desired effect in reducing incidents of workplace violence.
Staff must be encouraged to complete a critical incident form for every incident even if the incident appears trivial or it was a near miss.

These reports must be reviewed on a regular basis and further control measures should be put in place if ongoing issues are identified.

Should an incident occur which results a serious to an employee the enforcing government body the Health & Safety Executive will be checking that the above criterion has been adhered to?
Failure to address any of the five above stages will normally result in a prosecution.

As can be seen from the above prosecution failure to invest in Conflict Management training can be costly for an organisation and lead to bad/adverse publicity.

During the trial at Newcastle Magistrates Court particular reference was made to the fact that due to lack of training the employee was not able to recognise the triggers which precede a violent assault and that no control measures had been put into place after previous incidents and near misses.

Sources: Workplace Law  http://www.hse.gov.uk/press/2012/coi-ne-00812.htm

Here at Brooks Jordan training services we are finding that more and more organisations are now sending their staff on Personal Safety, Conflict Management and Physical Intervention training courses even before they actually take up their current employment duties which will obviously give them and their staff much greater protection.

This is actually mandatory now in many organisations e.g. the Security Industry.
Prior to commencing employment as a door supervisor or event steward employees will need to attend an accredited level 2 award (City & Guilds 1884 Conflict Resolution or equivalent).

For more information about training in Workplace Violence. Personal Safety, & Conflict Management visit our web site: www.brooksjordan.co.uk

A Teacher who was stabbed in the chest with a pen by a pupil is one of more than 600 recorded attacks on Gwent council staff in the past two years.
Figures released under the Freedom of Information Act show 632 recorded physical attacks on members of staff across the five Gwent councils including Newport, Monmouthshire, Torfaen, Blaenau Gwent and Caerphilly.
Many of the attacks were on teachers, but there was no breakdown of the exact figures for the attacks on them.
Physical attacks ranged from head butts, punches, bites and kicks, mainly carried out by pupils towards teachers, the worst of which involved a teacher being stabbed in the chest with a pen by a pupil.
Dominic MacAskill, head of local government at public sector union UNISON said councils needed to continue working with the trade unions to put in place better health and safety protocols to protect front line workers and ensure that incidents were minimised.
He added: “Health and safety of public servants cannot be compromised even in this age of austerity.”
All the local authorities told the Argus violence or threats to their staff was unacceptable and staff safety is seen as of paramount importance.
Read More about attacks on Local government staff at: http://www.southwalesargus.co.uk/news/8758800.Council_staff_attack_figure_shock/
Protecting Council employees from attacks of Violence & Aggression
Shock at attacks on council’s staff

Northampton Chronicle 03.Jan 2011

Members of the public were violent or aggressive towards staff from Northampton Borough Council more than 80 times in the past 20 months, latest figures have revealed.
The statistics, which have been obtained by the Chronicle & Echo using the Freedom of Information Act, show that between April 2009 and December 2010, a total of 86 reports of violence or aggression against council staff were recorded.
In response, the council banned six members of the public from entering council offices and one person was given an ASBO.
Read more about attacks on council staff at:
http://www.northamptonchron.co.uk/news/local/shock_at_attacks_on_council_s_staff_1_2224022
Attacks on council staff are revealed by the Journal Jan 4 2011
More than 1,500 council workers a year are attacked in the North East, new figures reveal. On average more than five members of staff, including traffic wardens, teachers and care workers, are physically or verbally attacked in the North East every day.
And union leaders have raised fears that attacks could become more common as the public feels the pressure of the recession and council cuts lead to fewer staff on the job.
There were 5,019 attacks across the councils between the start of 2008 and October this year.
The information includes workers from all departments of councils. Attacks include physical violence, threats racist abuse and sexual assault.
Members of staff were stabbed, punched, kicked, bitten and hit by thrown objects.
Many of the attacks were carried out by children in care or adults with care needs, others by members of the public.
Although asked for the information by The Journal, in many cases councils were not able to say whether arrests had been made or charges brought.
Among the many attacks on teachers was a member of staff whose nose was broken by a pupil in an attack in 2009.
In Northumberland in June 2009, a worker in a children’s home was head-butted in the mouth, causing a split gum, while a colleague was slapped by the same resident.
“There’s a danger that these types of incidents increase, as increased unemployment and poverty inevitably results in increased violence. We feel some of our workers will be more exposed as a result.

Read More about these assaults on Council staff and teachers at: http://www.journallive.co.uk/north-east-news/todays-news/2011/01/04/attacks-on-council-staff-are-revealed-61634-27929740/#ixzz1AYfNvGSk

200 attacks on Town Hall staff By: Terry Kelly South Shield Gazette 8 Jan 2011
Over 200 council workers in South Tyneside have been physically attacked over the last three years, new figures have revealed.
A senior councillor today condemned those assaulting staff and called for the courts to punish those responsible.

Many of the incidents involved care cases, but council bosses said they are taking a “zero tolerance” stance to the problem and aim to protect all their employees from physical and verbal attacks.

Other figures reveal that more than 1,500 council workers are attacked across North East England every year, with the total number over the last three years amounting to 5,019 attacks.

The safety and wellbeing of our staff is of paramount importance and we have robust policies, procedures and training sessions covering violence at work, lone working and personal safety.

“It is important to note that a large proportion of these incidents occurred as part of the care services the council provides, which are often to people with challenging behaviours.”

Read full sorry the attacks on town hall staff at:
http://www.shieldsgazette.com/news/200-attacks-on-Town-Hall.6683963.jp

Brooks Jordan response to violence and aggression towards Council workers
Addressing Personal safety/Conflict Resolution issues for Council employees
People have a right to be angry especially in the current economic climate.
Current cuts in Local Authority spending are causing anger to many people (including Council workers) and most people put the blame for this squarely on the Banking Industry see article below:
New poll reveals depth of outrage at bankers’ bonuses
Report by: Anushka Asthana, the Observer

Three in four think banks are still not properly regulated and want payout cap

Public outrage at bankers’ bonuses is revealed in a poll that finds wide support for a cap on payouts and tighter regulation of financial institutions.
A YouGov poll reveals the extent of public anger at City excess. It finds that 76% of people would support a cap on bonuses, that 59% support windfall taxes on bankers’ bonuses, and that 60% want the tax to be extended to those working in hedge funds and ¬private equity houses.
Politicians said today’s polling showed the true extent of public anger and revealed support for “wholesale reform” of the financial sector. Jon Cruddas, Labour MP for Dagenham, called on the government to bring in the reforms. “It is popular and it is the right thing to do,” he said.
Ruth Lea, economic adviser to the Arbuthnot Banking Group, said it was little surprise that the public was unsympathetic to the banks. She said that workers in Redcar in the north-east, where the local steelworks are being mothballed, were furious that so much was spent saving the banks. The “sense of unfairness hits you between the eyes”, she added.
Read full article at:
http://www.guardian.co.uk/business/2010/feb/21/bank-bonuses-outrage-opinion-poll
There’s a risk that health and safety risk assessments and Personal Safety /Conflict Management training will come under pressure with the cuts that are taking place
For instance where there needs to be two staff going out on home visits or trade inspections inspections, with the scale of the cuts there’s a worry there will be less commitment and emphasis on this resulting in a return to more Lone working.
As previously stated people have every right to be angry, but do not have a right to be hostile, abusive or behave violently.
Research by the NHS security Management as shown that good Conflict Resolution training can dramatically reduce the instances of violence against their staff and the introduction of their National Syllabus on this.
For more information on this go to:
http://www.nhsbsa.nhs.uk/SecurityManagement/1160.aspx

Local Authorities have now even more responsibility to protect their staff with the introduction of the Equalities Act 2010.
• Harassment: behaviour deemed offensive by the recipient. Employees can claim they find something offensive even when it’s not directed at them.
• Harassment by a third party: employers are potentially liable for the harassment of staff or customers by people they don’t directly employ, such as a contractor.
Under this legislation Harassment is defined as any incident which occurs more than once and the Harassment does not have to be committed by the same person.
So if an employee is subjected to some form of Harassment and the employer fails to put into place some form of control measure after they become aware of this they could be in breach of this legislation.
There is now also the Corporate Manslaughter and Corporate Homicide Act 2007

This new legislations enables enforcement agencies to hold Chief Executives & Managing Directors responsible for gross negligence if they fail to protect their staff and the first prosecution under this legislation is soon to come before the courts.
For details go to: http://www.healthandsafetytips.co.uk/Articles/Corporate_Manslaughter_The_First_Case.htm
For more details of Personal Safety & Lone Working training go to: www.brooksjordan.co.uk
For current training courses on:
Personal Safety, Conflict Resolution/Management, Physical Intervention Techniques & other relevant training courses go to: www.brooks-jordan.com or www. brooksjordan.co.uk

Teachers are to receive self-defence lessons to protect themselves from violent pupils
Teachers will be taught techniques to restrain violent pupils safely and also how to defuse threatening situations.
The aim is to protect teachers and cut the growing number of staff accused of assaulting pupils.
Teachers from primary, secondary and special schools will be trained in the techniques and will pass them onto colleagues.
Schools in Powys, Mid Wales will be the first to try out the special training.
False accusations of assault have blighted the careers of many teachers.
Read full story @: http://www.dailymail.co.uk/news/article-64702/Teachers-given-self-defence-lessons.html#ixzz1ASj0mNUx

See recent case in Nottinghamshire
Teacher arrested on suspicion of attempted murder
• Pupil allegedly hit with weight from set of scales
• Science master questioned over two other incidents

http://www.guardian.co.uk/uk/2009/jul/09/teacher-arrested-mansfield
Teacher Peter Harvey not guilty over dumbbell assault on pupil
A teacher who beat a boy’s head with a dumbbell while shouting “die, die, die” walked free from court yesterday after being cleared of attempted murder because he was mentally unwell and had been tormented by the pupil.
In a case that raised doubts about whether there was sufficient help available for stressed teachers struggling with disruptive children, Peter Harvey, 50, was cleared after the jury deliberated for little more than an hour. He was also cleared of grievous bodily harm with intent.
Read full story@http://www.timesonline.co.uk/tol/news/uk/crime/article7111814.ece
For more information about Self-defence training for schools visit: www.brooksjordan.co.uk

Why good professional physical intervention skills training is so important

Shoplifter begged for mercy as guard ‘choked him to death.

A shopping centre security guard killed a shoplifter trying to stop him escaping with a bottle of perfume.

Aaron Bishop, 23, turned blue and pleaded ‘please help me’ as he was choked by Sam Bawden, 25, according to witnesses.

Horrified shoppers begged him to let go of Mr Bishop, a former Guardsman at Windsor, but Bawden maintained a firm grip around the throat and when police arrived, Mr Bishop was dead.’

‘Four security guards tried to restrain him after he took the bottle of Joop! from the Debenhams store at the busy Quadrant Shopping Centre in Swansea.
Prosecutor Patrick Harrington QC said; ‘Mr Bishop was seen on CCTV to steal a bottle of Joop! perfume. It was priced at £35 but the cost proved very high indeed.

Bawden, of Neath, South Wales, denies manslaughter in July last year…
The case continues at Swansea Crown Court.

Read more: http://www.dailymail.co.uk/news/article-1313952/Security-man-killed-shoplifter-Guard-choked-death-35-perfume.html#ixzz10qCPEXI4

The above tragic news report just goes to highlight the importance of understanding the dangers involved in physical intervention.

As an experienced martial artist who as trained up to black belt standard in Judo and other martial arts I understand just how effective a properly executed strangle hold can be, but also recognise just as lethal this can be.

Many things can go wrong when applying physical intervention techniques (often known as Control & Restraint) which is why training should be of the utmost importance for employers who are likely to have to employees who may need to use  physical controlling techniques such as those working in the security industry.

The Police and Medical profession trainers have for many years known the dangers associated with physical restraint and there have been many incidents of defendants & patients losing their lives whilst restraint techniques were being applied.

Strangulation is a band technique now in any accredited Physical Intervention training course, but there are numerous other potential life threatening issues such as positional asphyxia.

This occurs when pressure is put on an individual’s chest whist attempting to pin them down to the floor etc

This restricts the intake of air causing the individual to panic which is often wrongly interpreted as fighting back and there have been many tragic incidents of this in police custody suites & Psychiatric wards.

The SIA have now recognised that training in physical interventions is important and have introduced this as a new module to be undertaken by anyone now wishing to gain employment in high level security work e.g. a door supervisor in the UK.

As with the other modules that have to be taken delegates will have to demonstrate their competence in this area to receive their pass accreditation.

Hopefully this training will give those individuals now joining this industry the necessary tools they need to carry out the job without putting others or themselves at risk.

Sadly though this would not have prevented the death of Aaron Bishop or the criminal proceedings being brought against Sam Bawden as this training is currently only compulsory for those individuals who are now seeking to obtain the SIA badge and there are no current plans for this to be extended to those already licenced.

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How safe are we from gun crime?. Peter Hitchens excellent article below examines some of the issues after the latest rampage in Cumbria.
Perhaps Derrick Bird’s deadly rampages aren’t so ‘inexplicable’ after all
Yet another gun massacre is followed by yet another typhoon of psychobabble,
sentiment and bogus declarations that ‘this must never happen again’, when everyone knows that it will.
It’s difficult to argue for tighter gun laws, since they’re already so tight, though I’m sure the authorities will think of something suitably irrelevant and futile, as they did after Hungerford and Dunblane.
They are determined to make sure nobody in this country is armed, apart from criminals and terrorists, the invariable effect of ‘tough’ gun laws that trouble only the law-abiding and have no impact on illegally held weapons at all. read more »

Conflict Resolution training for UK Door Supervisors is to be strengthened

Plans to raise standards by introducing additional training for UK door supervisors form part of a Home Office consultation launched recently.

The aim of the new proposals is to protect the public by raising standards of training across the industry.

Additional training will include physical intervention, first aid, special considerations when dealing with young people and awareness of the threat of terrorism.

The Security Industry Authority (SIA) has already included the additional training elements as part of the new qualifications being introduced from June 2010.

View the full article http://www.sourceuk.net/article/14/14087/higher_standards_for_uk_door_supervisors.html

Brooks Jordan comments.

These proposals have been welcomed by the industry as a whole.
Today more than ever door supervisors need specialist training, terrorism is not going to go away and our public houses, nightclubs and other events where large crowds gather are obvious targets.

Anyone who has worked in the licensed trade knows the problems that can be caused by young people who have had too much to drink or taken drugs so extra training in relation to dealing with young and venerable people can only be a good thing.

As for training in physical intervention the industry is somewhat divided over this, but I believe this will also improve the professional image of door supervisors.

Individuals who go in for this kind of profession are usually physically capable and have experience of dealing with violence.

Many have a military background or are skilled in some kind of fighting art and there are times when these skills are appropriate.

Brooks Jordan provided some training to door staff and licensed premises management staff in the West Midlands in 2009 commissioned by the Police and the Licensing Authority.

The training was mainly on Conflict Resolution/ Personal Safety but we included a short introductory session on both Breakaway Skills and Physical Interventions.

This training concentrated on “No Pain” mechanically sound techniques. Door staff in particular were amazed at how effective these technique were and could not understand why this was not part of their training.

Others that have to retrain individuals already get this training, e.g. the Police, the Medical Profession (Acute Psychiatric Units), the Prison Service and others within the security industry

Having been involved in the licensed trade in the seventies & eighties and having worked alongside door staff during this period I am able to say that the door staff today (SIA badged) are a totally different breed.

For information on current courses on door staff Conflict Resolution training please go to: www.brooksjordan.co.uk
Or email info@brooksjordan.co.uk

Talk of the Englishman defending his castle provokes such a rush of blood to the conservative head that judgment disappears. Last week Munir Hussain was sent to prison for inflicting violent vengeance on a particularly vicious burglar
Read full article at: http://www.guardian.co.uk/commentisfree/2009/dec/22/munir-hussain-crime-law-defence#start-of-comments
This case is very similar to the Tony Martin case in that there is both a moral issue and a legal issue involved here.

Many people sympathise with Tony Martin & the Hussain brothers and belive these individuals should not have been convicted.
But under English law they are guilty as the force they all used was not reasonable.
In both cases the force they used went well beyond reasonable.
The simple fact is that at time Tony Martin pulled the trigger and the Hussins delived the blow that caused the brain injury to the robber any threat to personal safety had passed as in both cases the robbers were running away.
I expained in detail the critria that needs to be in place to establish self-defence in my October article.
In both cases it was perfectly legal and within the law to go after the robbers as we are all entitled to chase criminals in order to carry out an arrest and detain them until the Police arrive but that is all.
In theses two cases Martin and the Hussain brothers went that bit further and sought revenge and so could not rely on a self-defence plea.