H& S sickness policy

Making Us Better Sickness absence agreements:A guide for UNISON safety Reps : 

1 Making Us Better Sickness absence agreements:A guide for UNISON safety Reps Jennifer Mitchell UNISON Health & Safety

What does the toolkit seek to achieve? : 

2 What does the toolkit seek to achieve? To confirm the role of the safety reps within the process of managing absence To encourage safety reps to question what is included within their agreements To highlight how union and management aims may differ A source of information and general negotiating tool for safety reps To offer advice and arguments for gaining better agreements and developing more proactive strategies

Why are absence agreementsand safety reps a ‘hot topic’? : 

3 Why are absence agreementsand safety reps a ‘hot topic’? Media focus on public sector absence Government infatuation with efficiency improvements (see Gershon report) HSE promote safety rep involvement in absence Unique legal rights for safety reps Absence seen as a ‘non-adversarial’ topic Safety reps un-experienced, need support

Structure of this presentation : 

4 Structure of this presentation Highlight the methods adopted for the research Highlight a few of the main findings from the survey The toolkit will then be introduced The five key areas of concern to safety reps shall be highlighted (five pillars of an agreement) An overview of the practical tools included within the guide shall be discussed as well as how they should be used Finally, a summary of key findings shall be given

Research methods : 

5 Research methods Stage 1 – National survey of UNISON safety reps All key sectors and all regions Almost 900 questionnaires returned Basis for large UNISON ‘BIS’ database Stage 2 – Content analysis of agreements Stage 3 – In-depth case studies from a variety of regions and sectors

Relationship between management and safety reps : 

6 Relationship between management and safety reps “As a safety rep, which of the following best describes management’s relationship with you”?

What are ‘co-operativerelations’ anyway? : 

7 What are ‘co-operativerelations’ anyway? A quarter of absence agreement imposed rather than negotiated by UNISON A third had no presence on health and safety committees Fewer than half rated the absence provisions as either good or very good Just 21 % claimed that they were provided with absence figures by management (Although 92% believed that managers kept them!) Safety reps sometimes unsure what was incorporated

Are you consulted on absence policies? : 

8 Are you consulted on absence policies?

Survey evidence shows the need for a safety rep toolkit : 

9 Survey evidence shows the need for a safety rep toolkit Absence and health are linked. However some employers try to exclude safety reps from absence arrangements. The presence of an absence agreement does not always mean that safety reps are being involved. Cooperation around traditional health and safety matters does not mean cooperation around absence provisions. Management frequently overestimate the level of abuse of absence provisions and treat absence with suspicion. Many absence agreements focus on control and punishment rather than rehabilitation.

Introducing the toolkit : 

10 Introducing the toolkit Five broad themes that should be given special attention by safety reps in respect of absence Monitoring and absence figures Exemption from absence procedures Return to work provisions Management competency and discretion Contact, counselling and occupational health The second half of the toolkit has been designed as a practical quick reference and support guide

1. Monitoring and absence figures : 

11 1. Monitoring and absence figures Safety representatives must have access to absence figures and should be consulted on how they are being used. They should raise any issues they have with management. Financial attendance incentives or setting stringent targets should be discouraged (certainly should not have reference periods less than 12 months).

2. Exemption from absence procedures : 

12 2. Exemption from absence procedures This section highlight issues relating to: Injury in the workplace or ill health caused by work, Maternity or paternity absence, Disability, Special provisions for absence for religious purposes Issues relating to compassionate leave

3. Return to work provisions : 

13 3. Return to work provisions Health and Safety Executive (2004) “Under the Health and Safety at Work etc Act 1974 and related legislation, employers are required to protect the health, safety and welfare of their employees. This includes taking action to protect the health and well-being of employees after they return to work, if they have become more vulnerable to risk because of illness, injury or disability”.

Slide 14: 

14 This section highlights how safety reps should: Try to ensure that an emphasis is placed on rehabilitation rather than punishment To stress the benefits of such an approach to management. It stresses how return to work plans can be used to help ill staff and to develop a better relationship with management.

4. Management competencyand discretion : 

15 4. Management competencyand discretion This section highlight the contradictions between managers either: a) not implementing adequate discretion or b) misusing their discretion. Where discretion is used managers should receive adequate training and safety reps should always be consulted.

5. Contact, counselling and occupational health : 

16 5. Contact, counselling and occupational health Medical certificates only required after a full week. Safety rep should advise managers on how to maintain contact with workers. Contact with an absent employee should focus on rehabilitation and return to work requirements. Build relations with occupational health. They must be ‘independent’ from management. Work with occupational health when developing return to work plans. Sell it, you are saving managers a job.

Practical information and on the job assistance : 

17 Practical information and on the job assistance “Good absence provision can generate positive outcomes for management” – List of reasons Summary table of the 25 key recommendations to be pulled out and used as a guideline A list of relevant legislation A list of useful web pages:

Summary and final thoughts : 

18 Summary and final thoughts The job of a safety rep is not just to stop accidents but also to have a positive effect on how sickness absence is dealt with Safety reps should be encouraged to play a greater role in respect of absence No such thing as a model contract: Un-experienced reps required support Safety reps should be encouraged to work co-operatively with managers There is a legitimate ‘business case’ for good absence provisions – sell it to managers

Making Us Better Sickness absence agreements:A guide for UNISON safety Reps : 

19 Making Us Better Sickness absence agreements:A guide for UNISON safety Reps Jennifer Mitchell UNISON Health & Safety