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    HSE loophole allows corps to blame covid outbreaks on communities rather than workplace conditions Archived Message

    Posted by Ian M on October 10, 2020, 10:49 am

    via the Latest Landworkers Alliance newsletter:

    *****

    http://www.pirc.co.uk/wp-content/uploads/2020/09/PIRC_sector_food_processing.pdf

    COVID-19 has uncovered scandals along the supply chain of our food internationally, with shocking cases of outbreaks in US meat factories making international news throughout the pandemic. But there has also been a crisis unfolding closer to home. The UK’s food production industry relies on a model of “just in time supply” of food to supermarket shelves powered by a 430,000 strong workforce operating fast production lines. Classed as essential workers, this workforce has continued operations throughout the pandemic – and a picture is now emerging that they have done so at a great risk to themselves.

    [...]

    Hidden deaths – why is there no public reporting of these cases?

    From a sample of 20 media reports we know that there have been at least 1461 COVID-19 cases in food manufacturing, and 6 fatali-ties. We believe the actual figure to be much higher.This is in stark contrast with the data released by the Health and Safety Executive (HSE), showing that only 47 COVID-19 cases had been reported in the sector up to 8 August. No fatali-ties had been reported. The huge gap between the reported data and the actual cases is the product of a loop hole in the HSE’s “RIDDOR” guid-ance (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations), updated for COVID-19, where employers are told to:

    "make a judgement, based on the information available, as to whether or not a confirmed diagnosis of COVID-19 is likely to have been caused by an occupational exposure." 15

    In other words, the ball is in the company’s court to deter-mine if a COVID-19 case was contracted at work, and they will only need to report on these cases. Perhaps unsurprisingly there-for, very few companies are doing so – designating outbreaks instead as “cases in the community” that have somehow infil-trated the workplace. This shifts the responsibility onto the Government and individuals, and means we have no public records of workforce outbreaks that can be linked to a particular employer. It also reduces the likelihood of sanctions by the HSE.

    We are concerned that the current regime is resulting in a dramatic level of under-reporting. The HSE itself states:

    “RIDDOR suffers from under-reporting. Not all employers report cases as required under the regulations. However, as there is no reliable estimate of the number of occupational COVID-19 cases, it is not possible to quantify the extent of under-reporting. [...] in terms of reporting workplace non-fatal injuries, it is estimated that around half of RIDDOR reportable injuries to employees are reported to the enforcing authorities (for self-employed the proportion is substantially less). It is likely that disease reporting is lower.”

    Deep HSE funding cuts and a split responsibility with local councils means that inspections of workplaces during the pandemic have been limited.

    "The companies we've engaged have made it clear they are working with the relevant authorities, including Public Health England. But without information on workplace COVID-19 cases, investors are unable to play a role in supplementing this scru-tiny, and supporting good governance over health and safety practices. Investors, some workers and the public at large have little way of knowing when a serious outbreak is occurring – and are left to wait for local media reports to break.

    [...]

    Duty of care extends beyond factory walls – the myth of “community transmission"

    Last month, 14% of the workforce (300+ people) tested posi-tive in one Greencore facility which supplies Marks & Spencer. Despite an obvious connection to the workplace, the initial response from the local public health authority was to call out the workers' personal lives, asking them to "understand their role in acting responsibly outside of the work environment" and warning against social gatherings and house sharing.However with shared accommodation common within the sector, necessitated by the low wages workers receive, the line between work and home is blurred. Even where workers aren’t living together, an employer of 1000+ people in an out of town area is an integral player in shaping that community and local health outcomes. People are required to mix together just to get into work: many travel in on company-run buses, or having to arrive late as public buses carrying employees are overcrowded – as reported by the GMB union.

    [continues...]

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