30th June 2017 marks the next big deadline for Modern Slavery Act compliance. Organisations with a financial year-end date of 31st December are required to produce a Slavery and Human Trafficking Statement before that date.

Train your staff with our suite of courses

Since VinciWorks released its first course on modern slavery a year ago, thousands of employees and suppliers have used the course as part of their internal compliance programs.

Among the overwhelmingly positive feedback we received, many companies felt they needed a more comprehensive course for procurement teams and a shorter course for general staff. Here is the suite of courses we have created to suit the needs of an entire organisation.

1. Raise your Awareness

Target audienceModern Slavery: Raise your Awareness online course
General staff in low risk industries

Duration
10 minutes

Course outcomes
Basic overview and common signs of slavery

Demo course
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New and Expectant Mothers: Do you and your employees know their rights and responsibilities?

Legal obligations regarding new and expectant mothers are set out in the following legislation; the Management of Health and Safety at Work Regulations 1999, the Workplace (Health, Safety and Welfare) Regulations 1992 and the Equality Act 2010.  This legislation requires employers to protect the Health and Safety of new and expectant mothers including the provision of facilities suitable for rest, feeding and to ensure that any pregnant employee or new mother is not discriminated against.

A new or expectant mother is a woman who is pregnant, has given birth (including after 24 weeks of pregnancy, to a stillborn child) within the last six months or who is breast feeding.

Employees do not legally have to inform their employer of their pregnancy until 15 weeks before the due date.  However, for protection under the appropriate legislation to be put into action, the sooner an employer is aware of any pregnancy, the sooner adaptations can be made.  The onus is on the employee to notify their employer of any special requirements or changes to their working hours based on medical advice.

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As employers, are you aware of the risks and workplace adaptations you face when staff are pregnant?  

A new workplace risk assessment must be conducted and any existing records updated.  Specific risks that need to be addressed include physical risks, such as, manual handling, noise, shocks and vibrations, chemical agents such as toxins, pesticides, lead and carbon monoxide. Working conditions should be considered, including the provision of restrooms, working hours, passive smoking risks, temperature control, travelling hours and nutritional requirements.

Any risks identified must be included and managed as part of the general workplace risk assessment, sensible action must taken to reduce or remove them.

As new mothers, employees have rights related to paid time off for antenatal care, maternity leave (at least 2 weeks or 4 weeks for factory workers), maternity pay or allowance and protection against unfair treatment.

As employers it is crucial you are aware of your legal requirements.  Despite clear regulations, recent reports show that pregnancy discrimination is on the rise.  Information from the Department of Business, Innovation and Skills published in March 2016, reveals that 11% of the mothers surveyed reported that they were either dismissed or unfairly treated due to their status.  The Citizen’s Advice Bureau has mirrored this concern with an increase of 25% of people seeking advice on pregnancy and maternity discrimination from May 2015 to May 2016.

Making sure you and your employees are aware of legal requirements surrounding maternity and parenting rights is fundamental.  Training can help.  VinciWorks offers a fully customisable, New and Expectant Mothers eLearning course, providing everything you and your employees need from advising employees about their entitlements and managing their own Health and Safety.

Looking for in-depth and engaging health and safety training? Explore our comprehensive eLearning library and try any of our courses for free. 

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The government released a draft of the Money Laundering Regulations back in March 2017 outlining the proposed approach to transposing the Fourth Money Laundering Directive into UK law. On 26th June, those Regulations became law, having been rushed through Parliament.

Most of the content of the final law is the same as in the draft; the key changes we have outlined previously. However, there are a few important additions included in the final version of the Regulations that were not in the draft.
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Sign for a High Risk Area Construction Site

The Importance of having an integrated risk and business strategy

Does your risk strategy and business strategy sit in two separate folders? When drafting your risk strategy, was it aligned to the business strategy and written with your organisational goals at the forefront? Or, as most companies do, is your risk strategy little more than a casually updated excel sheet?

Without an integrated risk and business strategy, the business will struggle to properly identify the long-term challenges that will affect your business, and thus will miss out on crucial indicators and controls and fail to see risk as a strategic priority.
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Big Ben and Houses of Parliament

Parliamentary procedure broken in order to meet today’s EU deadline

The government confirmed at the last minute the new EU Fourth Anti-Money Laundering Directive (4MLD) will come into force today (Monday) in order to meet the European deadline of transposing the 4th Directive into national legislation by 26 June 2017.

Due to the general election, the government has been forced to rush through the new rules, and will break parliamentary convention in order to do so.

The Money Laundering Regulations 2017 is a negative statutory instrument. These automatically become law without debate unless there is an objection from either House of Parliament. By convention negative statutory instruments should not come into effect until a minimum of 21 days after they are laid out. However, on Friday the government confirmed they would be breaking these rules in order to ensure that the EU deadline for transposing the Fourth Directive into national law is met.
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In June, the Law Society published its first slavery and human trafficking statement under the requirements of Section 54 of the Modern Slavery Act. This emphasises its call for the legal industry to be at the forefront of the fight against modern slavery. Overall, 87 law firms have published their own modern slavery statements – a good proportion of the medium to large firms that are legally required to.

Of course, while many law firms are publishing their own statements, a key part of a law firm’s work on modern slavery is to advise their clients on fulfilling their legal responsibilities. The Modern Slavery Act doesn’t require much more than the publication of a slavery and human trafficking statement, but how to prepare it, and best practice in doing so, is up to the individual relationship between lawyer and client.

How has the Law Society tackled this problem?

The Law Society set out their statement in three key parts, offering a good guide for those firms still grappling with setting out their priorities for addressing modern slavery in their supply chains.
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What is Legionella?

Legionella is a pathogenic, waterborne bacterium that causes Legionellosis – the potentially serious Legionnaires’ disease – and the similar, but less serious Pontiac fever and Lochgoilhead fever. Legionella bacteria is commonly found in water, occurring naturally in lakes and rivers but has also been found to thrive and dangerously multiply, in artificial water systems. Colonies of Legionella will enjoy and flourish in temperatures between 20-45°C and where nutrients are available.  Below 20°C the bacteria will lie dormant and can not survive in conditions over  60°C. Simple steps can be taken by property owners/managers to ensure favourable conditions are avoided. A Legionella eLearning course is the first step to a safer water system.

What is Legionnaires’ disease?

Legionnaires’ disease is a severe, often lethal, form of pneumonia caused by the bacterium Legionella pneumophila. The disease is contracted by inhaling water droplets containing the Legionella bacteria. Symptoms include, muscle aches, tiredness, headaches, dry cough and fever. Sometimes diarrhoea occurs and confusion may develop. For most people, the risk of developing Legionnaires’ disease is very low, but if infection occurs it can lead to long term health problems. Anyone can develop Legionnaires’ disease, but the elderly, alcoholics, smokers, cancer patients and those with diabetes and respiratory weakness are more at risk.

Public Health England (PHE) has revealed that cases of Legionnaires’ disease in 2014, contracted both at home and abroad, remain under the total seen in 2010. In 2012, 306 confirmed cases were reported, down from 357 cases of the respiratory disease in 2010. Around 40% of confirmed cases in 2012 were associated with travel abroad, with the greatest number of cases seen in individuals travelling to Spain.

The incidence rate for England and Wales over the 3 year period (from 2010 to 2012) was 5.33 cases per million population (pmp). The peak incidence was in the areas covered by the East Midlands PHE Centre (7.72 pmp), the West Midlands (6.54 pmp) and Avon, Gloucestershire and Wiltshire PHE Centre (6.23 pmp).

Under the Health and Safety at Work Act 1974, Control of Substances Hazardous to Health Regulations (COSHH) and Management of Health and Safety at Work Regulations, all employers have a legal duty to ensure the safety of the people who use the premises, and this includes protecting against the risk of Legionellosis.

What is Legionella? – What kind of organisation need to know about it?

Legionella is a potential problem where ever water systems such as cooling towers, evaporative condensers and hot and cold water are present.  A wide range of organisations, groups, or self-employed individuals providing residential accommodation are responsible for the water system(s) in their premises, and will have duties in this regard.  These include local authorities, universities, housing associations, including housing companies, charities, hostels, landlords in the private renting sector, managing agents, hoteliers, B&B, guest house and holiday camp owners, caravan and camping site owners, including fixed caravan sites.

The Health and Safety Executive (HSE) offers advice on how to control water temperature, check water systems for contamination, check pipework, take water samples and implement any other appropriate control measures

As employers, you have a moral and legal duty to protect employees and members of the public.  Training all levels of staff will help raise awareness and protect them from potential contamination.

The EssentialSkillz Legionella eLearning course explains what Legionella is and how it can affect human health, when medical advice should be sought and what should be reported under RIDDOR, the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations.

The online course describes the common symptoms of Legionella-related diseases. It also describes how to identify conditions where the Legionella bacteria might thrive, in the context of an effective water management system.

The eLearning module outlines the responsibilities that employers have with regard to the health, safety and welfare of not only their employees, but to anyone who uses their facilities. This includes an effective risk identification, management and control process.

All EssentialSkillz courses can be customised to meet the specific needs of your organisation, at no additional cost. The Legionella eLearning course can be tailored to explain your specific water management system, your approach to risk management and how protecting against Legionella fits in with your broader health and safety policies. Your designated course administrator can edit the text and images within the course, and link to organisation-specific documentation.

Looking for in-depth and engaging health and safety training? Explore our comprehensive eLearning library and try any of our courses for free. 

Long road ahead

The SRA has just published their decision and response to the ‘looking to the future’ consultation on changes to the SRA handbook. Over 11,000 people engaged in the process, reflecting opinion from a broad range of people and organisations including solicitors, law firms the public and representative bodies.

Solicitors can not only expect a shorter, simpler code, but two codes of conduct; one for individuals and one for firms.

This will allow for one of the most significant changes since, and partly because of, the Legal Services Act 2007. The changes, expected sometime in 2018, will allow solicitors to offer non-reserved legal services outside of regulated firms.
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The Information Commissioner’s Office (ICO) recently imposed a record £400,000 fine on communications company Keurboom. The fine was the result of a large-scale campaign of automated, unsolicited marketing calls. Keurboom Communications made nearly 100 million automated calls to people who had not given consent. Some of the calls were made at night. And some people received multiple calls on the same day. Many of the recipients of these calls were unsurprisingly distressed and upset by these calls, but it was not easy for people to identify the source of the calls or to make them stop. The automated calls that Keurboom bombarded people with related to non-existent PPI or accident claims, leading recipients to worry unnecessarily.

Keurboom Communications has since gone into liquidation, meaning that much of the fine may never be recovered by the ICO.

Future flouters of data laws will not escape so easily. The government has changed the rules so that future fines can be levied against directors personally. Multiple directors could be fined up to £500,000 each. The ICO hopes that this will stop the cycle of companies setting up to make a quick shilling by harassing the public, and then folding to avoid paying their fines.

One of the reasons for the record fine was the lack of consent sought before making millions of calls. Keurboom apparently made no effort to seek consent, or even direct their marketing to a suitable audience. The calls were indiscriminately made, and recipients had no easy method of opting out. Minister of State for Digital and Culture Matt Hancock said: “Nuisance callers are a blight on society, causing significant distress to elderly and vulnerable people. We have been clear that we will not stand for this continued harassment, and this latest amendment to the law will strike another blow to those businesses and company bosses responsible.”

The rules on data use and consent are about to get tougher as the new General Data Protection Regulation (GDPR) comes into force on 28 May 2018. This EU legislation will not be affected by Brexit negotiations or decisions, so businesses must ensure that they are prepared for the new rules. Any organisation using customer data must have consent, and that consent must have been gained by clear affirmative action. Silence, pre-ticked boxes or inactivity does not constitute consent. Organisations must keep records of how and when consent was given. And people have the right to withdraw consent at any time.

Is your business ready for GDPR? Have you had to make any organisational changes – or implement any training – to prepare for the new legislation?