Health & Safety Policy
It is the Policy of this Company to perform work in the safest practicable manner, consistent with good practice. The Company is also committed to continuously improve Health & Safety throughout our activities. The Health & Safety of the Company’s employees, all those likely to be affected by our operations and the protection of Company assets is the responsibility of the management; Health & Safety is paramount.
It is the duty of the management to do everything reasonably practicable to prevent injury and ill health, and it is equally the duty of each employee to exercise personal responsibility for their own Health & Safety and that of others.
This is required by law
All employees should be aware that there is no conflict between Health & Safety and production.
It is the Policy of the Company to adhere completely to the requirements of the Health & Safety and Safety at Work Act 1974 and all Acts, Regulations, and Codes of Practice made under the Acts that affect our operations. The Company HSE Guidance to be the minimum standard applied to all operations and locations.
The attention of all personnel joining the Company is directed to the Health & Safety Policy, its Appendices, and the Health & Safety Management Systems, which is explained during regular Group Induction courses. The Health & Safety Policy is displayed at all locations and issued to all Supervisors within the Company Safety Matters Folder.
Responsibility for Health & Safety on site and elsewhere is delegated to line supervision in accordance with the usual chain of responsibility. The most Senior Manager on site is responsible for the safe conduct of work on site; this responsibility cannot be delegated to others.
Smoke free policy (01.07.07)
This policy has been developed to protect and apply to all employees, contractors, consultants, agency staff, customers, and visitors to our premises and sites from exposure to second-hand smoke and to ensure compliance with the Health Act 2006.
The aim of the Policy is to provide a healthy and safe working environment. Exposure to second-hand smoke increases the risk of serious medical conditions such as lung cancer, heart disease, asthma attacks and can reduce lung function. Scientific evidence shows that ventilation or separating smokers and non-smokers within the same airspace does not completely stop potentially dangerous exposure.
Overall responsibility for Policy implementation and review rests with the Managing Director, but all those shown above are obliged to adhere to and support the implementation of the policy.
With effect from 1st July 2007 smoking will be prohibited in all enclosed and substantially enclosed workplaces. At E W Marshall this will mean:
Smoking is prohibited in all company vans and applies to all other vehicles (including company cars) that are used to transport members of the public or used in the course of work by more that one person – regardless whether they are in the vehicle at the same time.
Smoking is only permitted in vehicles (excluding company vans) that are for the sole use of the driver and are not used by anyone else for work either as a driver or passenger. Vehicles that are used primarily for private purposes will not be required to be smoke free. Smoking is prohibited in all buildings, including offices, stairwells, lifts, site accommodation and the entrances to these.
Smoking is permitted outside buildings, but must be away from building entrances.
Smoking related litter must be disposed of responsibly.
All those named above will be informed of the policy and their role in its implementation and monitoring:-
“No Smoking” signs will be displayed at every entrance to and within our offices and sites, and in vehicles required to be smokefree.
All new employees will be given a copy of the Policy at the recruitment stage and briefed during induction.
A copy of the Policy will be displayed on all notice boards and featured on the Company’s internal and external websites.
Notification about the Policy will be given at the site induction briefings.
Anyone failing to comply with this Policy will be committing a criminal offence.
In addition to this, Employees failing to comply with this Policy, or enforcing its requirements, may face disciplinary action under the Company’s Disciplinary Procedure.
Other parties failing to comply with the Policy will be asked to leave the Company’s premises if they do not respond to being asked to stop smoking.
Help to stop smoking
The NHS offers a range of free services to help smokers give up:
- Call NHS Smoking Helpline on 0800 169 0169
- Visit gosmokefree.co.uk – an online resource
- Text “GIVE UP” and your full postcode to 88088 to find your local NHS Stop Smoking Service
- Asking at your local GP Practice or Pharmacy
Equality & Diversity Policy
1. E W Marshall Ltd. Is committed to recognising and encouraging diversity amongst the workforce. Any form of unfair discrimination, victimisation or harassment on this grounds of an individual’s gender, race, disability, sexual orientation, religion or belief, marital status, age or any other personal characteristic is unacceptable and will not be tolerated in the workplace.
2. Equality is about ensuring that everyone (customers, clients, job applicants, and employees) is treated fairly and equally.
3. We recognise that treating people equally does not mean treating everyone the same, and as such sometimes it will be necessary to treat some people differently in order for them to experience equal treatment.
4. Diversity is about recognising that people are individuals and therefore differ from each other in a variety of ways.
5. EWM is committed to ensuring that we value the diversity of our customers, clients, job applicants and employees and as such, view diversity positively and as something to be harnessed for the benefit of the Company.
6. We believe that harnessing differences will lead to a more productive working environment in which everyone feels valued, employee’s talents are fully utilised, customer needs are satisfied, and our business goals are met.
7. Discrimination occurs when a person is treated less favourably than another person who is in the same or similar position, and the reason for this treatment is not justifiable.
Discrimination can occur in 4 main ways:
a. Direct Discrimination: Direct Discrimination will occur where in like for like circumstances, a person is treated, or would have been treated, less favourably than others on the grounds of race, gender, sexual orientation, religion or belief, age or personal characteristics.
b. Indirect Discrimination: Indirect Discrimination occurs when an employer applies a provision, criterion, or practice to everyone that puts, or would put, a group of people at a particular disadvantage compared to others. This definition covers formal requirements, conditions and provisions, as well as informal practices. An example of
indirect discrimination would be a requirement for all staff to be clean-shaven. In this example, the same requirement is applied equally to all staff, but it would particularly disadvantage those of a particular faith.
c. Victimisation: Victimisation will occur where a person is treated less favourably because they carried out a ‘protected act’, e.g. has alleged that discrimination or harassment has taken place; has presented a claim to an employment tribunal; or has acted as a witness in a discrimination or harassment case.
d. Harassment: Unwanted conduct which has the purpose of the effect of violating a person’s dignity or which creates an environment that is demeaning, degrading, threatening, or hostile.
8. Bullying – Offensive, intimidating, malicious or insulting behaviour, that involves an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure recipients.
9. Harassment and bullying may therefore include unwanted remarks, inappropriate jokes or ridicule, unwelcome physical contact, suggestions or demands for sexual favours, racial shunning or segregation.
10. Genuine Occupational Requirement (GOR): in very limited circumstances, it will be lawful for an employer to treat people differently if it is a GOR. Where there is a genuine requirement for a particular type of person to do the job, the employee must be able to justify a sound business reason for this. This may occur if it is necessary that, for example, an individual of a particular religion be required to do a job.
11. EWM’s Equality and Diversity principles apply to all employees, job applicants, customers and is supported by a range of complimentary policy documents that direct and guide our work.
12. EWM will look to draw its workforce from all elements of society to ensure they attract and retain the best staff. EWM will aim to ensure that employees are recruited, selected and promoted on the basis of their relevant qualifications, skills and abilities.
13. EWM aims to create a working environment free from unlawful discrimination, victimisation or harassment.
14. EWM aims to treat all staff fairly in respect of training and development opportunities and will encourage them to reach their full potential and increase their contribution to an effective service delivery. All requests will be considered on the basis of the need and relevance to the job being undertaken by the employee.
15. All EWM employees have an individual responsibility for ensuring equality of opportunity and adherence to this policy by respecting the right to work in an environment free from prejudice and discrimination, by behaving in a considerate and sensitive manner and by challenging colleagues who fall short of these expectations.
16. All employees are required to ensure that they treat all people that they come into contact with during the course of their work fairly, equally and with respect.
17. The HR Policy & Projects Manager will be the lead role for all Equality & Diversity issues within EMW and for the review and administration of the policy.
18. The Equality & Diversity Policy will be communicated to all employees within EWM with updates issued as and when required. The policy will be included in EMW’s employee handbook and be part of the group induction process.
19. The Equality & Diversity Policy will be included on EMW’s website to enable access for all clients, contractors, and other interested parties.
20. Training on equality and diversity issues is an essential part of the implementation of the policy. It is mandatory for all employees with line management responsibility and those who regularly deal with general public to attend the Equality and Diversity Awareness Training.
21. Equality & Diversity training for all employees will be built into the Group Induction Day.
22. Refresher Equality and Diversity training will be given as and when necessary to reflect changes in legislation and social expectations.
23. Regular monitoring will be undertaken in respect of gender, age, race / ethnicity
24. The HR Policy and Projects Manager will review the diversity statistics on a quarterly basis.
Company Alcohol & Drugs Policy
E W Marshall Ltd. accepts its responsibility for the actions of its employees, while at work. We supervise, train, and advise them on the manner in which we require them to conduct themselves. The potential safety implications of actions carried out by people who are impaired through either the effects of alcohol or drugs are well established, particularly within a high-risk environment such as a construction site. The Company has assessed the risk to employees under the influence of alcohol or drugs while at work, and following extensive consultation, have decided to clearly restate the Policy. The Company Safety Policy states that “safety is paramount” and that “there is no conflict between safety and production”. This policy has been published so that our employees and other stakeholders can clearly understand the Company requirements in order to maintain the high standards of safety that the Managing Director demands.
2. Requirements which exceed this policy
When we are operating in an environment that has a more stringent Alcohol and Drugs policy than this Company Policy then it is the policy of the Company that our employees and contractors comply with the more stringent policy. For example, this is the case when working for Network Rail who sets a lower threshold for alcohol and require random screening for certain jobs. Employees and contractors will be informed of the more stringent policy.
The Company considers it to be appropriate to differentiate between areas of risk, viz.
Persons on site (or going to site) Persons who are office based and will not visit a site.
For clarity, the term site includes construction sites, any workshops and minor maintenance or snagging works at offices, houses etc.
(a) For persons on site (or going to site) . Persons are not permitted to enter a site with an alcohol level in excess of the current legal limit for driving. Anyone who appears to be impaired through alcohol, or smells of alcohol, will only be allowed on site after they agree to a test carried out by a medical collecting officer, and the test shows negative
for alcohol and drugs. (Medical Collecting Officer: someone who is qualified and employed by an agency that is authorised to take medical samples and ensure the chain of custody is maintained).
Persons on site (or going to site) are not allowed to consume alcohol during his or her working shift (day or night).
(b) For office based employees: Persons must not arrive at an office with an alcohol level in excess of the current legal limit for driving. Anyone who appears to be impaired through alcohol, or smells of alcohol, will only be allowed into the office after they agree to a test carried out by a medical collecting officer, and the test shows negative for
alcohol and drugs.
Office based staff may consume alcohol during their working shift, but must not consume a quantity that will cause their alcohol level to exceed the current legal limit for driving.
The Company policy for drugs will be applied equally in all circumstances, regardless of location or activity.
We distinguish between prescribed drugs and illegal substances. Prescribed drugs include controlled drugs, as defined by the Misuse of Drugs Act 1971 that have been prescribed by a person authorised by, and in accordance with, current regulations and “over the counter” medicines. Illegal substances include the abuse of legally used solvent-based substances and the illegal use of controlled substances.
(a) For prescribed drugs and over the counter medicines: the employee must inform the prescribing medical practitioner or pharmacist of their occupation and enquire as to if there is any potential safety implications involved by taking the drug(s). He or she must inform the Company if there is any possible side effect that may have safety implications (such as drowsiness, dizziness, etc). The Company will carry out a risk assessment of the employee’s work activity and determine if it is necessary to redeploy him or her while taking the drug(s).
(b) For illegally used controlled substances: regardless of category (Cass A, B or C) the Company does not allow the illegal taking of controlled substances in any circumstances.
(c) For glues and solvents legally used within the workplace: anyone abusing solvent-based substances legally used in the workplace will also be in breach of his policy.
3. Testing for Alcohol and Drugs
3.1 Random testing: the Company does not operate a random Alcohol and Drugs screening process.
3.2 For-cause testing
(a) Employees: When the Company considers an employee to be displaying signs of impairment through the possible influence of alcohol or drugs, or smells of alcohol or drugs, the Company will require the employee for his or her consent to carry out a for-cause alcohol and drugs test. If written consent is given, the Company will arrange for a
medical collecting officer to take samples from the employee for analysis. The employee should not be allowed to work until the results of the tests have been obtained.
(a.1) Following a safety incident (accident, dangerous occurrence etc.), the Company may ask employees involved with the incident for their consent to carry out for-cause alcohol and drugs testing. If written consent is given, the Company will arrange for a medical collecting officer to take samples from the employees for analysis. The employees will not be allowed to work until the results of the tests have been obtained.
(b) Persons not employed by EWM: in the above circumstances such persons will be asked for their consent to carry out for-cause testing.
(c) Refusal to consent to for-cause testing: if an employee refuses to give his or her consent to provide a sample for testing, they will not be allowed to work and will be disciplined under the normal Company Disciplinary Procedure. If a person not employed by EWM refuses to give consent, they will not be allowed onto Company controlled
premises and their employer informed of the circumstances.
4. TEST RESULTS
(a) Where a test result shows no signs of alcohol or drugs then the Company will inform the person of this as soon as possible. All documentation relating to the test will then be destroyed, unless it forms a necessary part of an Accident Investigation Report.
(b) Where a test result is above permitted levels stated in this policy the Company, under the Company Disciplinary Procedure, will discipline employees.
(c) If a person not employed by EWM has a sample that fails a test, their employer will be informed of the result. The Company will then make a decision as to whether or not the individual will be allowed to work at EWM controlled premises in the future and will inform his or her employer of their decision.
(a) For alcohol: the failure level shall be the same as the current level set in legislation (Road Traffic Act 1988, as amended) for driving a motor vehicle.
(b) For drugs: the substances tested for will be Class A, B and C drugs as defined within Schedules I, II and III of the Misuse of Drugs Act 1971, as amended. The failure level for each drug will be as advised by our medical adviser at a level that impairs ability to carry out work in a safe manner.
6. DISCIPLINARY PROCEDURES
Non-compliance with this Group Policy (i.e. a sample that tests positive for excessive levels of alcohol or drugs, refusal by an employee to consent to a sample being taken or failure to enforce the Policy by a senior employee) will result in the Company Disciplinary Procedure. Non-compliance would not automatically constitute a reason for instant dismissal, albeit may do, dependent on the circumstances. Other disciplinary action may be more appropriate, such as training, coaching, re-training, counseling, or a suitable level of warning.
7. DIRECTORS STATEMENT OF INTENT
The foregoing is the Alcohol and Drugs Policy of E W Marshall Ltd., and applies equally to all employees and self-employed or sub contractors under the control of the Company. It has been prepared after due consultation with those involved in its operation, and has the full backing and authority of the Managing Director.