Health and Safety Legal Obligations on Employers to Work with Union Health and Safety Reps: The Law at a Glance: Safety Reps & Branch Guide

To: All Branches
Dear Colleagues,
Further to LTB 480/16 Health and Safety At Work – The Law At A Glance Guide on Health and Safety Law in General for Branches and Safety Reps, this is a second guide, this time specifically on employers Health and Safety obligations to work with Trade Union Health and Safety Reps, in a summary format.
Introduction
There are significant legal requirements for employers to work with trade union health and safety reps – who perform vital work.
Choosing safety reps
The main legislation dealing with safety reps is the Safety Representatives and Safety Committees Regulations 1977 (SRSC). An employer is only obliged to have safety reps where they are appointed by a recognised trade union (reg.3(1) SRSC) and the trade union has notified the employer in writing (reg.3(2)).
The rep must have, so far as is reasonably practicable, been employed by the employer in the preceding two years or had at least two years’ experience in similar employment (reg.3(4)). There is no set number of reps but this is a matter for agreement between the union and the employer. The CWU has National Agreements with all Major Employers covering such Representation and Consultation Agreements.
The Health and Safety (Consultation with Employees) Regulations apply where there is no recognised trade union. This Guide only deals with union safety reps under the HSAW Act 1974 and SRSC Regulations 1977.
Consultation duty on employers
Employers must consult safety reps to make arrangements for employer and employees to “cooperate effectively in promoting and developing measures to ensure the health and safety at work of employees, and in checking the effectiveness of such measures” (Section 2(6) of the Health and Safety at Work etc. Act 1974 (HSWA)).
Safety reps themselves have an obligation to represent employees in consultation with their employers (s.2(4) HSWA). The HSE’s Consulting workers on health and safety, approved code of practice (ACoP) says that to fulfil s.2(4) HSWA functions reps should:
bring to the employer’s notice, normally in writing, any unsafe or unhealthy conditions (although this does not rule out doing so orally).

encourage cooperation between their employer and his employees.

take all reasonably practicable steps to keep themselves informed.
Employers do not have to follow ACoPs but if prosecuted they must be able to persuade the court that alternative measures followed were sufficient to comply with the law.
Under reg.4A SRSC employers must consult safety reps in good time about measures including:
the introduction of any measure at the workplace that may substantially affect the health and safety of the employees the reps represent (reg.4A(a)).

health and safety information the employer must provide to safety reps under relevant statutory provisions (reg.4A(c)).

the health and safety consequences for the employees the reps represents of the introduction of new technologies into the workplace (reg.4A(e)).

 
Although “good time” is undefined by the SRSC Regs, the ACoP says that before making decisions involving work equipment, processes or organisation that could have health and safety consequences for employees, employers must allow time to:
provide reps with information about what they are proposing.

give reps the opportunity to express their views in light of that information.

take account of any response.

 
Paid Time Off
Employers must give safety reps time off with pay during working hours as necessary to represent the employees in consultations with the employer (reg.4(2)(a) SRSC). Employers must provide facilities and assistance as safety reps may reasonably require to carry out their functions under s.2(4) HSWA and the SRSC. 
Employers must also give reps paid time off to:
investigate potential hazards and dangerous occurrences at the workplace and examine the causes of accidents (reg.4(1)(a)).

investigate complaints by any employee relating to that employee’s health, safety or welfare at work (reg.4(1)(b)).

make representations to the employer on the investigations listed above (reg. 4(1)(c)) and on general matters affecting the health,

safety or welfare at work of the employees at the workplace (reg.4(1)(d)).
carry out inspections (see below) (reg. 4(1)(e)).

represent the employees they are appointed to represent in consultations at the workplace with Health and Safety Executive (HSE) inspectors or any other enforcing authority (for instance local authority inspectors) (reg.4(1)(f)).

receive information from inspectors in line with s.28(8) HSWA, which requires inspectors to provide reps with information to keep them adequately informed about health and safety and welfare (reg.4(1)(g)).

attend safety committee meetings in their capacity as safety reps in connection with these functions.

 
(Note: These are Legal Rights for Safety Reps and NOT Legal Duties similar to the Legal general duties for all employees imposed by sections 7-8 of the HSWA – for which an individual can be prosecuted).
Safety Reps must also be given time off for training in aspects of their functions “as may be reasonable in all the circumstances” considering any HSE ACoP relating to time off for training (reg.4(2(b)). The ACoP says safety reps should be given time off as soon as possible for basic training. 
The Union should inform management of any course it has approved for Safety Reps training and supply a copy of the syllabus, normally giving at least a few weeks’ notice of the safety reps nominated for attendance. The Employer should then provide paid time off for the Safety Rep to attend.
In Rama -v- South West Trains [CO/ 310/96] the Queen’s Bench Division dealt with a claim from a safety rep who was not allowed paid time off to attend a safety reps course. He attended in his own time and brought a claim that he should have been paid. The court held that the correct question was whether the training was reasonable to fulfil safety rep duties, not whether it was necessary. Judge Forbes held: That training which is necessary to perform the functions set out in reg.4 is likely to form a significant part of any training in aspects of those functions as may be reasonable in all the circumstances and in my judgment, necessity is not necessarily determinative of all aspects of reasonableness for these purposes and each case must be decided by reference to its own facts.” 
The majority of the case law deals with time off for training. The ACoP says that regulation 4(2) SRSC requires employers to allow health and safety representatives paid time as is necessary for training in aspects of their functions that is “reasonable in all the circumstances”.
It goes on: “The important point is that what is reasonable in all the circumstances is not always just what is necessary. Training does not have to be the necessary bare minimum to fulfil the safety representatives’ functions but it does have to be reasonable in all the circumstances (what must be necessary is time off with pay)”.
Inspections

Safety reps have the right to inspect the workplace, or any part of it, if they have not inspected it in the previous three months and they give reasonable notice to the employer (reg.5(1)). This can be done sooner than three months if there has been a substantial change
in the conditions of work (reg.5(2)).
The ACoP says that:
Safety Reps should record their inspections and give a form to the employer; if reps make a report and remedial action is not taken the employer should say why in writing. Safety Reps can carry our re-inspections to check on remedial action progress.

Where possible the employer and the safety reps should plan a programme of formal inspections in advance.

 
Safety reps may also carry out inspections following a complaint, new health and safety information, a notifiable accident, or dangerous occurrence or notifiable disease if it is safe to do so and the interests of the union members might be involved (reg.6(1)). Safety reps also have the right, on reasonable notice, to inspect and take copies of any document relevant to the workplace or the union members that the employer has to keep by statutory provision with exceptions including documents concerning the health record of individuals (reg.7).
Safety Reps can speak to those they represent in private if required.
Health & Safety Committees

Employers are obliged to set up a safety committee to review consultation arrangements with reps under section 2(7) HSWA. This obligation is triggered where at least two safety reps make a written request to the employer to establish the committee (reg.9(1) SRSC). The structure of Health and Safety Committee is normally set out in National Agreements between the Union and Employer in large organisations, covering health and safety committees at for example, local, area, regional and national level.
The committee must be established within three months of the request (reg.9(2)(c)).
The Consulting workers on health and safety ACoP says that the committee’s objective should be the promotion of cooperation between employer and employees in instigating, developing and carrying out measures to ensure the health and safety at work of employees. Specific functions of the committee might include studying accidents to stop them happening again and considering reports of safety reps following inspections.
The ACoP says the committee may also be able to:
advise on appropriateness and adequacy of the rules of health and safety proposed by managers and consider improvements.

draw attention to a need to establish rules for particular hazardous work activity or class of operations.

 
Management representation on the health and committee should be aimed at ensuring:
adequate authority to give proper consideration to views and recommendations

the necessary knowledge and expertise to provide accurate information to the committee on company policy, production needs, and on technical matters in relation to premises, processes, plant, machinery and equipment.

Dates for health and safety committee meetings should be arranged in advance as far as possible, as much as six months or a year ahead, and there should be sufficient time during each meeting to ensure full discussion of all business.
Crucially, the ACoP adds that the work of the committee should not be a substitute for management arrangements for effective checks of health and safety precautions.
Safety Reps Powers and Enforcement

The SRSC Regulations give safety reps relatively wide powers. These can be enforced by HSE Inspectors. The ACoP says disagreements on interpretation of the regulations should be settled through the normal machinery for resolving employment relations problems and it may be appropriate to involve ACAS to assist. However, the HSE, or Local Authority depending on who has responsibility for the workplace, has the power to prosecute employers who fail to follow their safety obligations. Alternatively they can serve notices, that a situation be improved or ends, through improvement or prohibition notices (s.21/s.22 HSWA). The ACoP says health and safety inspectors can enforce for failure to comply with legal duties on procedural matters and will apply the HSE’s enforcement policy.
Safety Reps can bring a claim to an employment tribunal where:
time off has not been permitted to undertake their functions under reg.4(2) (reg.11(1)(a))

the employer has failed to pay him for time off in his function as a safety rep (reg.11(1) (b)).

In general, such complaints must be made within three months of the failure (reg.11(2)). A tribunal has the power to make a declaration that the complaint was well-founded and may award compensation to the employee (reg.11(3)). In cases involving a failure to pay for time off, a tribunal must order the employer to do so (reg.11(4)).
Conclusion
The CWU has a proud record of making full use of the relevant legislation and ensuring that the Union has well trained, knowledgeable health and safety reps, representing the Union’s membership. 
Further reading
Attached pdf file version of ‘The TUC’s Safety Representatives and Safety CommitteesBrown Book 2015 Version”.

Yours sincerely
 
Dave Joyce
National Health, Safety & Environment Officer 
Email Attachments – Click to download
LTB 611/16 – Health and Safety Legal Obligations on Employers to Work with Union Health and Safety Reps: The Law at a Glance: Safety Reps & Branch Guide

Attachment 1: LTB 611 SRSC Regulations 77 (Brown Book TUC 2015 Version)

CWU GENERAL CONFERENCE MOTIONS 2015-16 
In line with conference policy the attached table advises branches of progress made on those motions carried, accepted or remitted at CWU General Conference 2015 & 2016. 
We are required to report to the NEC monthly and to branches twice a year. This information is also placed on the union’s website. This can be accessed by clicking on the following link: http://www.cwu.org/conference-policy.html 
If you have any enquiries on this LTB, these should be addressed to the General Secretary’s Office at gsoffice@cwu.org quoting the reference GS8.1.1/LTB 603/16. 
Yours sincerely
 
 
Dave Ward

General Secretary
 
Email Attachments – Click to download
· Attachment 1: LTB 603/16 – CWU General Conference Motions 2015-16

· Attachment 2: 2015-16 General Conference Motions

The Labour Party’s Shadow Chancellor John McDonnell addressed the 2016 ‘National Hazards Conference’ at Keele University, Stoke where 500 plus Safety Reps from across the UK’s Trade Unions gathered at this year’s event, now in its 27th year with this year’s event entitled ‘Building Resistance to Support Safety Reps’ The Hazards Conference is Britain’s biggest educational and organising event for trade union safety reps and activists, with a mixture of plenary sessions, presentations, research reports, debates, meetings and a comprehensive workshop programme. The Conference also featured John McDonnell as this year’s top headline speaker. John said that:-
The Health and Safety Executive’s regulatory mission has been compromised by its new profit motive and the commercialisation of the HSE was a ‘Scandal’.

Brexit threatens worse to come.

TTIP and CETA Trade deals that lower health and safety will be opposed by Labour.

Labour will expose the lack of performance of the HSE due to government cuts.

The Conservative’s ‘regulation-lite’, ‘enforcement-lite’ policies had seen a return to the bad old days.

Labour would tackle Britain’s safety malaise and give unions the rights they need to secure good, safe work.

McDonnell said that “the current climate we have come to accept is that occupational illness and exposure to asbestos, various chemicals and other hazards is the norm. But it needn’t be that way and we are going to end that climate and the climate of impunity where employers and managers can walk away without bearing any responsibility for the injury of the workers they employ, we will work with Trade Unions Safety Reps to oppose what the Tories are doing to health and safety, to raise the whole level of debate on health and safety”. McDonnell said “the whole basis of health and safety protection in this country is bound up with the development of the trade unions and health and safety advances are bound up with the trade union movement and the organisation, representation and pressure they can bring to bear, on employers and government. Health and safety advances go hand in hand with trade
union advances. We cannot establish an effective health and safety regime in this country unless we restore trade union rights as well.” In conclusion, John McDonnell made an open offer to Trade Unions to put together a paper on the health and safety issues facing workers and the demands they would like to set out for inclusion in Labour Party policy and he would take that to the Labour Shadow Cabinet for debate and for identifying priorities for the future. The CWU Health, Safety & Environment Department has taken John McDonnell up on that offer and written to him setting out the
‘CWU Manifesto of Health and Safety’ improvements and demands for the next Labour Party Election Manifesto. Additionally a meeting is to take place between Shadow Chancellor John McDonnell and CWU National Health, Safety & Environment Officer Dave Joyce to discuss the Union’s submission. Watch a Video Recording of John McDonnell’s Speech at:- https://www.youtube.com/watch?v=6K78wbkeTSU Attachments:
Text of John McDonnell’s Speech

CWU Letter to John McDonnell Re: Labour Party Policy & Election Manifesto – Health and Safety:

Yours sincerely

 
Dave Joyce
National Health, Safety & Environment Officer
 
Email Attachments – Click to download
LTB 607/16 John McDonnell Speech to 2016 Hazards Conference & CWU Health and Safety Labour Manifesto Demands

LTB 607/16 Att 1

Letter to John McDonnell

Serious Safety Warning To All CWU Member Drivers – Swing Arm Barrier Gates Hazard – One Member Seriously Injured & One Member Killed
 
To: All Branches
 
Dear Colleagues,
 
Serious Injuries Accident – Keighley:
On the 9th August this year a Keighley Delivery Office Postman and CWU member received serious injuries when his van collided with a ‘Swing Arm Barrier Gate’ which penetrated the Windscreen of his Royal Mail Vauxhall Combo Delivery Van and struck him in the face and head causing very serious injuries as he was leaving a sports centre premises after completing his deliveries to the premises. The member was fortunate to survive the accident and was hospitalised, undergoing major surgery and remains off work recovering and being treated for his injuries. (See Attached Photographs of the Accident Scene and Collision).
 
The CWU Health, Safety & Environment Department have held meetings and exchanged correspondence with both Bradford Council and the HSE to press for the owners of the premises to be prosecuted for Health and Safety Offences.
 
Fatal Accident – Somerset
On June 24th 2011 a Somerset Delivery Office Postman and CWU member was killed in a similar crash into a swing arm barrier Gate, in an accident at a farm near Henstridge, in rural South Somerset. The member was fatally injured when his Royal Mail Ford Transit Connect delivery van crashed into a metal gate on his rural round. The 48 years old member died from chest injuries after the Gate’s top metal bar punctured his Van’s windscreen and then went through his chest, causing a fatal wound. The member was making a routine postal delivery to the premises on a round he had done regularly for six years. The unfortunate member was pronounced dead at the scene. There was no prosecution of the farm owners. (See attached Press Report on the case.)
 
Fatal Accident Lincoln – North Lincolnshire Council Fined.
In a similar case, North Lincolnshire Council were prosecuted by the Health and Safety Executive (HSE) and were fined after a man died when his car drove into an unsecured swing arm barrier gate to a car park at a sports ground in August 2012. At Hull Crown Court North Lincolnshire Council was fined a total of £160,000, plus £40,476 costs after pleading guilty to an offence under Section 3(1) of the Health and Safety at Work etc. Act 1974. (See attached HSE Report on the case.)
 
HSE Warning and Advice.
The HSE have stated that a significant number of people have been killed or injured in incidents involving horizontal swing arm barrier gates in car parks used in retail, leisure and industrial premises. Duty holders should carry out a suitable risk assessment so that potential dangers are identified and suitable precautions are put in place. These include making sure such barriers can be locked open and shut to suitable fixing posts preferably with a padlock so they cannot swing open and present an impalement risk. In summary the HSE advice is:-
 
A barrier typically comprises of a horizontal bar or beam hinged at a vertical pillar. The bar is manually moved to open or close off access to an opening in a car park exit/entrance.
 
Accidents have occurred when barriers have been inadequately secured so that they have partially opened and presented a least visible end on profile of the protruding barrier which has impaled an oncoming vehicle. The end profile of the barrier may not be clearly visible to an oncoming driver. Other incidents have occurred as a barrier has swung into the path of an oncoming vehicle.
 
Unsecured barriers can swing open due to the wind, gravity, vibration or as a result of vandalism.
 
HSE has decided to produce this information to remind users of these swing arm barrier gates of their legal health and safety duties in relation to the safe use of such barriers.
 
Duty holders include persons in charge of the entrances to industrial estates, retail premises, leisure premises, sporting complexes, parks, farms etc. In short any premise with a car park entrance or exit to which members of the public and workers have vehicular access, may utilise such barriers.
 
Vertically opening or lifting barriers can also present safety risks if they are not correctly controlled.
 
Duty holders are reminded of their responsibilities in relation to barriers. They include:-
 
Carrying out a suitable risk assessment so that potential dangers are identified and precautions are put in place to ensure they are removed or controlled.

Reviewing existing risk assessments where horizontal swing barriers are in use to determine whether elimination of the risk is possible. Horizontal swing barriers rely on human intervention to ensure they are locked open or locked shut, they are also susceptible to vandalism which can leave them in an unsafe position. Vertical lifting gates are a lower risk alternative, as is the provision of lower height swing barriers so that any collision will result in damage to the vehicle without causing any part of the barrier to enter the vehicle with possible fatal consequences.

Where horizontal barriers are used, making sure the barriers are adequately secured at all times whether open or shut (a padlock will suffice).

Making sure the barriers are made visible by painting or marking with alternate red and white bands of adequate width to be clearly visible, so that persons do not inadvertently drive into them (additional local lighting may be required).

Carrying out regular inspections to ensure that the methods of securing and visibility aspects have not deteriorated.

Ensuring barriers are maintained in accordance with manufacturer’s instructions.

Liaising with suppliers if your risk assessment reveals that securing and visibility requirements are inadequate.

(A copy of the official HSE advice is attached.)
 
Royal Mail Safety (SHE) Alert.
Royal Mail have issued a Safety Alert for the Attention of All Drivers on unsecured swing arm barriers gates as it is suspected that the unsecured gates swung into the paths of the Royal Mail Vans involved in the above accidents. The Alert advised as follows:-
Key Messages
Following a serious incident, a continued risk with regard to unsecured barriers and gates has been identified. These gates have the potential to move, particularly in windy weather or from the vibration of passing vehicles.
When entering premises where a manual swing barrier/gate is in place, observe its position and check it is secured.

Slow down when approaching the barrier and stop if it appears to be unsecured.

Identify and report to your manager any unsecured gate hazards that present a risk due to either their location, design or a previous near miss incident.

Key Actions
All employees to identify and report to line manager any unsecured barrier/gate hazards that present a risk due to either their location, design or a previous near miss incident.

Managers to ensure that staff are briefed and signatures obtained, and when completed confirm this to the SHE team using the Safety Alert Reference GP/SA/2016/002- Swing Gate.

Managers to ensure that all hazards are entered on WRAP, Walk Logs are updated accordingly and controls are agreed with staff and customers to eliminate the hazard or reduce the risk of injury.

Display the Safety Alert on the Office SHE Notice Board.

 
Would all CWU Branches and Safety Reps urgently bring the Royal Mail SHE Alert and HSE Advice to Members who are Drivers!
 
There is evidence to suggest that the Royal Mail Safety Alert has not been effectively briefed out and brought to the attention of our members and hasn’t been displayed on Notice Boards. Would Safety Reps please investigate this and check that the RM Instructions are implemented.
 
Please ensure Driver Members are aware of the Safety Precautions they should take (Points 1 – 3 Key Messages in the Royal Mail Safety Alert above) and ensure that any premises with unsecure barriers are reported and that WRAP and Walk Logs are updated (Points 1-3 Key Actions in the Royal Mail Safety Alert above).
 
The owners and operators of certain premises with Swing Arm Barrier Gates are failing to lock back these gates and are failing in their general duties under the Health and Safety At Work Act in relation to the safe use of the swing arm barrier gates to their premises, as set out in the HSE guidance and this poses a serious danger to our members who visit such premises on a regular basis. These property managers and owners should be prosecuted and where incidents occur, that’s what the CWU will press the enforcing authorities to do, as in this case.
 
As the Accident Scene and Accident Investigation Photographs demonstrate, Swing Arm Barrier Gates can be difficult to see when approaching them head-on and when not secured back especially in bad weather or poor light. The HSE advise that the end profile of the swing-arm barrier may not be clearly visible to an oncoming driver!
 
I would like to thank CWU Area Health and Safety Representative Mick Gledhill (Bradford & Dist Amal) for his thorough Accident Investigation and provision of photographs.
 
Attachments:
Royal Mail Safety (SHE) Alert (GP SA 2016 00).

Keighley Accident Scene photographs (Keighley-Serious Injuries Swing-Bar Barrier Gate Collision Accident-9thAug.16)

Somerset Postman’s Fatal Crash into Gate etc Media/Press

HSE Advice on Horizontal Swing-Arm Car Park Barrier Gates.

Council Fined After Man Killed By Swing Barrier Gate – Report on Nth Lincolnshire Council Prosecution and £200,000 Fine.

CWU ASR Mick Gledhill’s 2015 Request to RM For Attention to Swing-Arm Barrier Gates..

Examples of Typical Swing-Arm Barrier Gates (Images)

 
Yours sincerely
 
Dave Joyce
National Health, Safety & Environment Officer 
Email Attachments – Click to download
LTB 605/16 – Serious Safety Warning To All CWU Member Drivers

Attachment 1 – LTB 605/16

Attachment 2 – LTB 605/16

Attachment 3 – LTB 605/16

Attachment 4 – LTB 605/16

Attachment 5 – LTB 605/16

Attachment 6 – LTB 605/15

Attachment 7 – LTB 605/16

Royal Mail Shares – 15th October Sale Date
Branches and Representatives will be aware that the first shares allocated to CWU members under the privatisation sale are able to be sold on the open market from 15th October 2016.
We are aware that Representatives are receiving enquires from some members regarding the sale and in particular any potential tax liability they may incur. In order to assist Branches with these enquires the Department have attached an article that will hopefully aid colleagues in answering members’ questions. A version of the article will also appear in the next issue of the Voice.
We would emphasise that the CWU are not able to provide any financial advice to members – a point made clear in the attached article. It will also be noted that the article advises colleagues to contact the Royal Mail Employee Shares Helpline if necessary.
It would be appreciated if Branches could ensure this LTB is given the widest possible circulation to CWU Representatives and members.
Yours sincerely
 
Terry Pullinger
Deputy General Secretary (Postal)
Email Attachments – Click to download
LTB 602/16 – Royal Mail Shares – 15th October Sale Date

Attachment 1: Royal Mail Shares – 15th October Sale Date

CWU DEATH BENEFIT
In accordance with the terms expressed in CWU Rule 4.1.11 Branches are advised that from the 1st October 2016 the CWU Death Benefit payment will be increased to £771.
This information will also be published in the Voice. 
Any enquiries regarding this Letter to Branches should be addressed to the Senior Deputy General Secretary’s Department on telephone number 020 8971 7237, or email address sdgs@cwu.org.
Yours sincerely,
 
TONY KEARNS
SENIOR DEPUTY GENERAL SECRETARY
Email Attachments – Click to download
LTB 598/16 – CWU Death Benefit

World Mental Health Day 10 October 2016 – Royal Mail Group – Launch of New Stress Risk Assessment Joint Initiative with CWU and Unite/CMA to Manage Stress and Mental Wellbeing in the Workplace: RMG Statement
To: All Branches with Postal Members
Dear Colleagues,
The following article has been published today on Royal Mail Group’s Intranet Site and is reproduced for CWU Branches and Representatives information and reference:-
‘To support World Mental Health Day (10 October), RMG has launched a joint initiative with CWU and Unite CMA to support colleagues in talking about and managing stress and mental wellbeing in the workplace.
The aim is to create a working environment where colleagues can come forward and talk about their concerns.
New guidance is being launched to enable colleagues to have positive conversations about mental wellbeing. A simple ‘How are you?’ can start a conversation to help identify potential areas of need and support.
To support this, RMG is launching a new Online Stress Risk Assessment Tool to help all colleagues understand their own stress levels as well as assess overall wellbeing in areas such as fitness, diet and sleep. This is part of a series of initiatives RMG has launched through the Feeling First Class wellbeing programme.
Judith Grant, RM Group Head of Occupational Health and Wellbeing, said: ‘We want to recognise when employees are experiencing stress and help them to identify and address their concerns. Our new stress guidance, designed jointly with the CWU and Unite CMA, is a supportive approach to prevent and manage stress, and enable people to keep doing the jobs they love.’
See also LTB595/2016 entitled “New Royal Mail Group Stress Risk Assessment Process and Guidance”.

Yours sincerely
 
Dave Joyce
National Health, Safety & Environment Officer 
Email Attachments – Click to download
LTB 597/16 – World Mental Health Day 10 October 2016

Dangerous Dogs Seminars for Professionals:
Cooper & Co Solicitors (“Dog Law”) have announced their 2017 series of seminars for professionals with the UK’s top Dangerous Dogs Law Lawyer Trevor Cooper. These popular seminars for professionals are half day talks concentrating on ‘dangerous dog’ offences and the legislation dealing with such attacks and prosecutions. These half day seminars are attended by Police Officers, Dog Wardens, Lawyers and others involved in dealing with Dog Control and Dog Law. The seminars are highly recommended to CWU Representatives wanting to learn more about the Law in this area following the changes achieved by the CWU ‘Bite-Back’ Campaign of course. These Seminars cover subject matter including:-

The Anti-Social Behaviour, Crime & Policing Act 2014

Section 3 of the Dangerous Dogs Act 1991 (which applies to any dog that is dangerously out of control), including the extension of the Act and defences.

The operation of the new ‘Householder Case’ defence and when it may be applicable

Increased prison sentences where a victim is injured or dies

New offence if a dog attacks an assistance dog

Addition of a ‘fit and proper person test’

The ‘Robinson-Pierre’ ruling and consider its impact on cases.

Breed Specific Legislation (BSL) (the law that deals with pit bull terrier type and other banned dogs)

The Index of Exempted Dogs

The ‘fit and proper person’ test

The ‘Sandhu’ ruling and its impact on changing keepership of a registered dog

The Dogs Act 1871 and does it have any future?

The Dogs (Protection of Livestock) Act 1953 and how does it fit in with the new changes?

Registration and coffee will be from 9.30am with the seminars commencing at 10.00am and due to finish around 12.30pm.

Programme timings are approximate. Content is subject to change.
Provisional dates are:
Monday 13th February 2017 Monday 20th February 2017 Monday 27th February 2017 Monday 6th March 2017

Precise venues yet to be confirmed but are likely to be near London, Cardiff, Birmingham and Manchester.
Cost of attending these Seminars is £75.00 inclusive of VAT.
Those interested in attending these seminars can register their interest by emailing tracy@doglaw.co.uk and you will receive full details and an application form sent out once arrangements are finalised. 
Dog Owners Seminars On the 4th December 2016 Dog Law will be organising a seminar “Doglaw – What Every Responsible Dog Owner Needs to Know” in London. This talk lasts for around 3½ hours and is a mix of the main civil and criminal laws that affect dog owners. The cost is only £20 per person. CWU Reps from London and surrounding areas may be interested in attending this low cost seminar also. Presented by Solicitor Trevor Cooper, these seminars cover a wide ranging mix of legal issues that are important to dog owners. These are aimed at entertaining the audience as well as to inform and the feedback received from these talks is consistently positive. No prior legal knowledge is required to attend and learn. Subject matter covered include:-
Rights and responsibilities when buying and selling dogs

Liability (both civil and criminal) for dogs that attack and harm people and animals

Identification requirements / the legal implications of microchipping

Noise nuisance

Public Spaces Protection Orders

Community Protection Notices

Breed Specific Legislation

Cruelty / Duty of Care

And other issues.

Dates:- Saturday 29th October 2016 – 11.00am – Newbury, Berkshire Sunday 30th October 2016 – 2.00pm -Billingshurst, West Sussex Saturday 5th November 2016 – 2.00pm – Gloucester, Gloucestershire Sunday 6th November 2016 – 1.00pm – Merthyr Tydfil, South Wales Saturday 12th November 2016 – 1.00pm – Shrewsbury, Shropshire Saturday 19th November 2016 – 2.00pm – Alsager, Cheshire Sunday 20th November 2016 – 11.00am – Swindon, Wiltshire Saturday 26th November 2016 – 10.00am – Oldham, Lancashire Sunday 27th November 2016 – 10.00am – Biddesham, Somerset Sunday 4th December 2016 – 10.30am – London Saturday 14th January 2017 – 11.00am – Portsmouth, Hampshire Sunday 15th January 2017 – 1.30pm – West Malling, Kent Saturday 28th January 2017 – 1.30pm – Hayes, Middlesex Saturday 4th February 2017 – 10.30am – Felton, Northumberland Sunday 5th February 2017 – 10.30am – Corston (Bath), Somerset Saturday 11th February 2017 – 10.30am – March, Cambridgeshire Saturday 18th February 2017 – 2.00pm – Clapton (Crewkerne), Somerset Saturday 25th February 2017 – time tbc – Newquay, Devon (Host Managed Event) Sunday 5th March 2017 – 10.30am – Northallerton, North Yorkshire Saturday 18th March 2017 – 11.00am – Nottingham, Notts Sunday 19th March 2017 – 10.30am – Deal, Kent Saturday 1st April 2017 – 2.00pm – Ely, Cambridgeshire Friday 7th April 2017 – 6.30pm – Farnborough, Hampshire Sunday 9th April 2017 – 11.00am – Blackburn, Lancashire Saturday 29th April 2017 – 10.00am – High Bickington, Devon Saturday 6th May 2017 – 11.00am – Charlgrove, Oxfordshire (Host Managed Event) Sunday 7th May 2017 – 11.00am – Welham Green, Hertfordshire Saturday 13th May 2017 – 10.30am – Bristol, Friday 19th May 2017 – time tbc – Dogs Trust – Merseyside Saturday 20th May 2017 – time tbc – Dogs Trust – Manchester Sunday 21st May 2017 – 10.30am – Naburn, York Saturday 3rd June 2017 – time tbc – Medway, Kent To Book a place on these Seminars call 01227 469603 for further information. Hosting your own Seminar
Dog Law offer their services to those interested in hosting their own daytime seminar. Trevor Cooper is in big demand and is fully booked until June 2017 but happy to schedule seminars in for the summer of 2017. Those interested can email tracy@doglaw.co.uk and they will send out information. Dog Law are also offering to take bookings for those wishing to host an evening or weekend seminars with Trevor Cooper for 2016 / 2017. These evening or at a weekend seminars will last between 3 to 3 ½ hours. For more information email info@doglaw.co.uk or call 01227 469603.
Yours sincerely
 
Dave Joyce
National Health, Safety & Environment Officer
 
Email Attachments – Click to download
LTB 596/16 Cooper & Co Solicitors (“Dog Law”) – “Dangerous Dogs” for Professional Seminars and Dog Owners Seminars in 2017