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Working safely in a multicultural food and drink industry

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Page 1: Working safely in a multicultural food and drink industry

Working safely in a multiculturalfood and drink industry

Page 2: Working safely in a multicultural food and drink industry

The use of riskassessment techniquesto prevent harm

04

Key requirementsfor inductionand training

05

Why employers shouldread this document

01Managing cultureand diversity

02

Translation

06Successfulsupervision

07

Effective recruitment

03

Contents

Appendices (i) Legislation (ii) Informationand guidance on managing health and safety(iii) Guidance on creating a positive health andsafety environment in a multicultural workplace

FOREWORD FROM PAT FOREMAN, CHIEF EXECUTIVE, NORTHWEST FOOD ALLIANCE

Operating in a global economychallenges all businesses tocommunicate effectively withpeople from other culturesand language groups.

In September 2004, the Northwest Food Alliance organiseda one-day conference to look at current issues and goodpractice in the food industry, and to examine possible solutionsto the challenges of managing ethnically-diverse teams.The event was endorsed by the Health & Safety Executiveand the Food & Drink Federation and sponsored byGreencore Group. It generated significant national interest.

At the conference it became clear that the development ofan increasingly diverse workforce requires new approaches,not only to facilitate supervision and training but also toallow such workers to be consulted and voice their concerns.Since the event, a working group has gathered input frommany sources to develop this document, which offers guidanceto the food industry on the information, instruction andtraining of mixed ethnolinguistic groups.

The Northwest Food Alliance is keen to respond to the foodindustry as new challenges emerge. The need for this healthand safety guidance provided an opportunity for the NorthwestFood Alliance to be the first body to review the specific issuesassociated with operating with a multicultural workforce.May I take the opportunity to thank all those involved fortheir tireless energy and support in generating this document.

Patricia Foreman

Page 3: Working safely in a multicultural food and drink industry

01Why employers shouldread this document

Food and drinkmanufacturing is the

largest industrial sectorin the UK. It employs

approximately 650,000people, many of whomare overseas nationalsfrom ethnically diverse

backgrounds whereEnglish is not always

widely spokenor understood.

Employers have a legal responsibility to provide information,instruction, training and supervision in an understandableformat for all workers, irrespective of their national origins,first language, or literacy.

There is now increasing, but undocumented, evidence thatmany workers in the food industry are unable to communicatein English and therefore rely on colleagues whose own languageand translation capabilities are untested. These language barriersmake training difficult, and also prevent communication ofurgent concerns on the shop floor.

There is also evidence of employers being unable to demonstrate,if required, that adequate instruction, training or supervision hastaken place in a language that workers can comprehend.

In addition, the law requires that employers should not discriminateagainst workers (including agency staff) on the grounds of, amongstother things, their race, colour, nationality, ethnic or national origins,gender, religion, or religious belief. A detailed outline of therelevant legislation is included in Appendix i.

This guidance, developed by representatives of the food industryin association with the Health & Safety Executive, highlights goodpractice for the sector. It is targeted at food and drink processingcompanies who directly employ, or who use the services of a labourprovider to supply, workers who may be from different culturalbackgrounds. It is not intended to apply directly to on-farmprimary processing and packing operations.

01 02

The guidance outlines procedures and gives practicalexamples of action which employers can take toensure that their legal and moral obligations aremet. The recommendations within this documentshould complement existing health and safetymanagement arrangements.

Providing appropriate information, instruction, trainingand supervision makes good business sense. Whilst ithas an impact on business costs, a significant reductionin the number of accidents is possible if good practice isadopted. This should also help to reduce the employer’sliability insurance premium, and have a beneficial impacton production efficiency, productivity and profitability.

COST REDUCTION - UNIQ PREPARED FOODS LTD

Uniq has about 4700 UK-based employees. Using acombination of management training and a risk assessmentprogram rolled out across its business operations,Uniq reduced its reportable accident rate from 34.2 per1000 employees to 16.0 per 1000 employees overa 5 year period. The result was an 8.5% reductionin the employer’s liability premium.

In addition, customers and stakeholders are increasinglyrequiring evidence that businesses are protecting theirinterests by operating in an ethically aware manner.

Ultimately, the investment in developing goodemployment practices can give a competitive edgeover business rivals.

For these reasons examples of good practice need tobe widely publicised to benefit both employers and theirworkers. Many case studies are included in this guidance,and are also available at www.nwfoodalliance.co.uk

This is a developing subject, and we wouldwelcome further examples of good practice fromwithin the industry. Any examples submitted [email protected] will be consideredfor inclusion in future versions of the guidance.

KEY ISSUESIn developing this guidance thefollowing were identified as key elements:n Managing culture & diversityn Effective recruitmentn The use of risk assessment techniques

to prevent harmn Key requirements for induction and trainingn Successful supervision

Guidance on these five issues follows. Translation isa common theme throughout, and is addressed atgreater length in Section 6. The Appendices includedetails of relevant legislation, and links to sourcesof further information.

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02Managing cultureand diversity

A positive health andsafety culture is essential

if workers from diversebackgrounds are to be

successfully integrated andeffectively managed at alllevels in an organisation,

company or site.

When planning or implementing change, the effect on allworkers must be taken into account, particularly wherelanguage may be a barrier to communication and understanding.

The beliefs and attitudes of some employees may differsignificantly from the established British perspective.

It is essential that managers understand thesedifferences, which reflect for example:n Culture n Religious beliefn Nationality n Statusn Language n Gendern Age

And may impact on attitudes to:n Colleagues n Physical contactn Management n Eye contactn Authority n Foodn Safety n Occupational healthn Dress n Hygiene procedures

Further guidance on employing a culturally diverse workforceis available from a number of sources, including Improve Ltd,the Sector Skills Council for Food & Drink Manufacturingwww.improveltd.co.uk

Where the management team does not emphasisethe importance of health and safety it can lead toworkers being exposed to avoidable dangers in theworkplace, or to inadvertently harming others.

If managers and supervisors are unclear of theirroles and responsibilities and do not understandthe training and supervisory needs of theworkforce, workers may:n be unaware of hazards, how to recognise them,

and the precautions they need to taken be unaware of what to do if they have an accident

or if an incident occursn use machinery/equipment for which they have

not been trainedn be unable to communicate or understand

warnings when a danger occurs e.g. a wet flooror an unguarded machine

n not understand the limitations of the work theyare required to do e.g. weights they should lift atany one time or the machinery they may use

n not be aware of, or understand,emergency procedures

n not be trained in the correct use of personalprotective equipment (PPE) e.g ear defendersor chemical protection

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03 04

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02Managing cultureand diversity

05 06

In the absence of a positive health and safety culture,managers and supervisors may:n be reluctant to effectively communicate

safety procedures and informationn demonstrate practices that promote

misperceptions of riskn not listen to the safety concerns of workersn inadvertently demonstrate behaviours which

discriminate, for example, on the grounds of age,sex, race, religion or religious belief

n treat agency workers and companyemployees differently

n not consider language difficulties when issues arisen not take enough time to ensure that the worker

has understood the information, instructionand training provided

Why does this occur?In the food industry, factors such as customer demand, deliverydeadlines and product shelf-life issues often cause short-termlocal pressures which can affect overall business priorities.Sources of further information on the effective managementof general health & safety at work are set out in Appendix ii.

The employment of multicultural workers may require specialattention to ensure that the particular risks to which they maybe exposed are identified and the appropriate controls applied.

Specific procedures and arrangements mayneed to be developed in policy areas such as:n Health & safetyn Equal opportunitiesn Discriminationn Recruitmentn Harassmentn Training and developmentn Absence management

Companies also need to ensure that these policieshave been implemented effectively across their sites.

CREATION OF A POSITIVE SAFETY CULTURE- UNIQ PREPARED FOODS LTD

The Uniq group has business operations across severalcountries, including France, Germany, Spain, Holland,Poland, Belgium and the UK. Initial audits and evaluationsidentified significant cultural differences in the perceptionof health and safety procedures, and in the perceivedsignificance and value of the procedures to the business.

Following a review with senior management a new visionwas agreed, and targets were set for the entire business.A common policy was translated and communicatedthroughout the European operations.

In the first year, lost-time accidents fell by 13%. In thesecond year, lost-time accidents fell by a further 16%.In addition the business benefited from a reduction inthe taxes imposed for accidents by European MemberStates (the equivalent of insurance in the UK).

The key message is that leadership from the top iscritical in creating and implementing a positive safetyculture in a multicultural business environment.

Guidance on how to create a positive health andsafety environment which addresses the needsof multicultural workers is set out in Appendix iii.

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03Effective recruitment

Legal StatusThere is increasing

focus on preventingillegal working in the UK.

It is a criminal offenceunder the Asylum and

Immigration Act 1996 toemploy a person, aged 16

or over, who has no rightto work in the UK, or

no right to do the workthat is being offered.

Criminal liability extends not just to a company (which couldface fines of up to £5,000) but also to any director, manageror other officer of the company if the illegal employmentoccurred with their consent, connivance or as a resultof their negligence.

There is a defence against conviction for employing an illegalworker but in order to rely on it, employers must carry out basicdocument checks before employment begins. If employmentagencies are used to provide workers you should ensure thatthey carry out the necessary document checks in compliancewith this legislation by either putting systems in place to auditagencies' document checking procedures or carrying outdouble checks from time to time.

The Government website www.employingmigrantworkers.org.ukgives practical guidance and an interactive tool designed to assistemployers in confirming the eligibility of an individual to work inthe UK. By following the step-by-step process, the program canbe used to complete the necessary checks thereby demonstratingcompliance with the complexity of employment, immigrationand discrimination legislation.

The documents received must not be retained but maybe photocopied or scanned. If scanning documents for futurereference, use of WORM (write once, read many times)software is recommended.

Use of this system may assist employers who seek to rely on thestatutory defence set out in Section 8 of the Asylum and ImmigrationAct 1996 in the event that they unknowingly employ an illegal worker.

In addition the Home Office provides advice andsupport to employers considering employing migrantworkers. General advice and supporting documentscan be found on the Home Office web site at:www.workingintheuk.gov.uk/ind/en/home/0/preventing_illegal.html. For specific advice, andinformation not available on the web site, a help line(0845 010 6677) is available during office hours.

Separate rules apply in relation to the employmentof the new Accession state members. In May 2004,Hungary, Cyprus, the Czech Republic, Estonia, Latvia,Lithuania, Malta, Poland, Slovakia and Slovenia joinedthe European Union. Consequently, nationals fromthese countries have the same rights to work inthe UK as other EEA nationals.

However, transitional arrangements currently apply,whereby nationals from the new EU countries(excluding Cyprus and Malta) are required to registerunder a Worker's Registration Scheme upon takingup employment in the UK (unless the individual waslegally employed in the UK prior to 1 May 2004).It is a criminal offence to employ an unregisterednational for more than 30 days without retaininga copy of the Registration Scheme applicationform or registration certificate. If convicted,the maximum penalty is £5,000.

Essentially:n To register under the scheme, the individual must

complete an application form and will require evidenceof their employment (e.g. a contract or letter) to do this.

n The employer must assist with providing contractualdocumentation and can assist in completing theapplications and agree to pay the fee, if they wish to.

n The employer should obtain from the individual acopy of the application form and take a copy of theregistration certificate once it has been issued.

n Obtaining copies of documentation under theWorker Registration Scheme is in addition to the document checking obligations mentioned above.

Avoiding discriminationThe population of Britain is ethnically diverse.The majority of people from ethnic minorities areBritish, and many of them were born here.

Under the Race Relations Act 1976 (as amended) it isunlawful for an employer to discriminate on the groundsof race, colour, ethnic or national origin, or nationality.If an employer refuses to consider a potential employeebecause he or she looks or sounds foreign, this willamount to unlawful discrimination under the Act.

The best way to avoid discrimination is to treat allapplicants the same at each stage of the recruitmentprocess, regardless of their appearance or accent. If atany stage of the process a document, e.g. a passportor birth certificate, is requested from one applicantas proof of eligibility to work in the UK, the samedocument should be requested from all applicants. è07 08

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03Effective recruitment

09 10

A person who believes that he or she has been discriminatedagainst has grounds to complain to an employment tribunal.Agency workers as well as direct employees can bring complaintsof discrimination. If the complaint is upheld the tribunal will normallyorder the payment of compensation, for which there is no upperlimit. This may include an award for injury to feelings.

Further information on racial discrimination is set out in Appendix iand guidance on how to avoid acting in a discriminatory mannercan be found at www.ind.homeoffice.gov.uk

Relationships with labour providersFor reasons including ease of recruitment and flexibility,many employers use the services of an employment agency.

The Conduct of Employment Agencies and Employment BusinessesRegulations (2003) clarify the respective responsibilities of labourproviders and employers. The decision as to who is the employer inany given case depends on a number of well-established legal tests,such as mutuality of obligation (i.e. is the company obliged to providework to the worker and if so is the worker required to carry it out)and control. In normal circumstances however, the relationshipbetween a food company and a labour provider is such that thecompany will remain responsible for supervising the day-to-daywork of any temporary labour provided.

Before supplying work-seekers, the labour provider must establishfrom the employer whether the work involves risks to health andsafety and, where it does, must establish what steps have beentaken to control those risks. In similar terms, the labour providermust explore whether the employer considers any particularexperience or qualification is necessary to fill the vacancy.

It is for the labour provider to make the employerand the work-seeker aware of any legal requirementswhich must be satisfied if the position is to be filled.The ultimate responsibility for health and safetyfor all workers (including agency staff) lies withthe operating company, not the agency provider.

To reflect these legal requirements,employers should:1. Enter into a Service Level Agreement with

any labour provider.2. Allocate the responsibility for a number of employer

functions between themselves and the providerso that both parties are in no doubt as to whois responsible for what.

3. Give the labour provider details of the roles they areseeking to fill to enable them to select the most appropriate(and where necessary, trained) temporary labour.

The labour user and labour provider shouldwork in partnership.

The parties should agree whathealth and safety training should be provided:n prior to work for the first time i.e. pre-employment inductionn on the first day on siten job specificn at regular intervals

For each of these separate elements thelabour user and labour provider should agree:n who will provide this training and the competence

required of the person providing the trainingn how it will be provided - format, location etcn how long it should reasonably be expected to taken how understanding and competence will be assessed

The labour user should agree to pay the workers for the healthand safety training that is necessary, and should audit to assureitself that this is taking place and to the standard specified.

Particular consideration should begiven to allocating responsibility for:n carrying out any pre-employment health screeningn carrying out suitable and appropriate risk assessments

of the work to be done by temporary employeesn providing necessary induction and job related

training and instruction in a format and/or languagethat workers can understand

n providing personal protective clothingn where applicable, providing any necessary

food handlers’ training and certificatesn ensuring employees understand, at induction,

which types of ill-health need to be reportede.g. sickness and diarrhoea

As part of the Service Level Agreement the employershould also clarify with the labour provider the arrangementsby and under which the employer intends to monitorand audit the provider’s performance in dischargingtheir agreed responsibilities.

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04The use of risk assessmenttechniques to prevent harm

Amongst other thingsthe Health and Safetyat Work etc Act 1974,and regulations made

under it, requireemployers to carry outsuitable and sufficient

assessments of:(a) the health and safety

risks to which employeesare exposed at work

(b) the health and safetyrisks to non-employees

which arise from theemployer’s conduct

of his business

The main hazards in the food industry include:n Transport n Falls from heightn Entry into silos n Machineryn Slips, trips and falls n Manual handlingn Strikes by objects

Any assessment should take account of the special hazards andrisks associated with the employment of multicultural workers.In this respect, particular attention should be givento ensuring that:n information, instruction and training is provided to non

English speakers in a language or form they understandn supervisory arrangements take account of the language

and cultural differences of workers (as covered in Section 7)

Employers of multicultural workforces may need to consider:1. Taking steps to ensure that all relevant health and safety

and training courses are translated into appropriate languagesand that they can be fully understood.

2. Taking steps to ensure that all relevant written instructionsand verbal information are properly translated into appropriatelanguages, or are in a non-verbal form which can be readilyunderstood. Examples include fire safety instructions,safe systems of work, and safety signs.

3. Providing translators to help supervisors duringnormal working hours.

4. Identifying those jobs where communication difficulties mightput non English speakers at increased risk, and taking suitablemeasures to negate these risks e.g. avoiding language barriersbetween the operator of a band saw and acolleague taking product away.

11 12

Tulip Ltd is the UK operation within the DanishCrown Group, an international food producinggroup with operations and sales globally insome 140 different countries.Examples of practices introduced by Tulip Ltdto address problems encountered by employeeswho are non English speaking and/or havelimited literacy:n Carrying out a basic assessment during the

initial recruitment process to verify the individual’sunderstanding of English

n Including within the Health and Safety Policy a section covering the provision of translationservices, and procedures for managingnon English speaking employees

n As part of the risk assessment process, identifyingcritical roles where a poor understanding of English increases the risk of injury, and prohibitingemployees from undertaking those roles untillanguage training or other control measureshave moderated the risk

n Following the identification of those criticalroles, using a skills/language matrix to assistin effective supervision and deployment ofnon English speaking employees

n Generating pictogram based training materials, andkeeping written documents to an absolute minimum

n Maintaining a register of the first languagesof employees

n Displaying photographs of translators to ensure thatall employees know who to approach if necessary

n Establishing a library of all documents that havebeen translated across the Group and makingthem available on the Group Health and SafetyManagement System

n Including in the safe system of work and trainingrecords a statement such as ‘training/documentationhas been presented to me in a language andmanner that I can read and fully understand’

n Providing ESOL (English for Speakers ofOther Languages) courses

n Supplying basic translation cards to supervisorsn Encouraging supervisors and other employees

to attend other language courses to provide themwith basic skills in a relevant second language

n Encouraging non English speaking employeesto become members of the site Health and SafetyCommittee to ensure that their voice is heard

n Maintaining a list of emergency translators onthe Group Health and Safety Management System

RISK ASSESSMENT AND TRAINING - TULIP LTD

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05Key requirements forinduction and training

It is essential that anynew workers within an

organisation, irrespectiveof their nationality,ethnic or national

origins, race, religion orreligious belief have the

necessary knowledgeand skills to carry out the

work for which theyhave been employed,

competently and safely.

Assessment of the competencyof each new worker should cover:n literacyn numeracyn relevant work experiencen the successful completion of relevant competency

training and/or qualifications in the country of originn ability to interact with other employees and supervisorsn physical requirements of the job

These factors are essential considerations whenmatching workers to specific tasks, in order to minimisehealth and safety risks.

DO NOT LIFT OR STACK ABOVE SHOULDER HEIGHT

13 14

INDUCTION AND TRAINING- UNIQ PREPARED FOODS LTD, SPALDING

On the induction day workers are assessed toidentify those who can speak some English, so thattheir translation skills can be used to ensure thatthe workers with little or no English understandthe Company’s procedures and rules.

Generic training such as Health and Safety, ManualHandling and Food Hygiene are taught by the useof subtitled training videos available in 20 languages.

Working procedures and safe systems of workare introduced in stages with the help of theidentified English speakers. Operational manualscontaining photographs of the correct proceduresare used (see example opposite).

At the Spalding site, several migrant workers havenow been promoted to line setter, responsible forsetting up the lines and the machines. Some havealso progressed to being key personnel, operatingfilling and packing machines.

Uniq have recently contracted an agency which hasan on-site supervisor who speaks several languages.This has assisted greatly with the integration of thenon English speaking workers and is helpingthem to realise their full potential.

Individual training needs should be identified anda training plan provided and monitored throughoutan individual’s employment. Skills and competenciesshould be recorded.

Specialist language trainers or multilingual workcolleagues, whose language skills have beenassessed, can help in the delivery of healthand safety training in appropriate languagesfor non English speaking workers.

Information, instruction and trainingshould be provided on: n hazards specific to the food industry

and to the locationn safety and emergency procedures, such as routine

checking of equipment, fire drills and first aidn special training for work involving a high

degree of riskn re-training when the work changes or new safety

methods or production processes are introduced

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05Key requirements forinduction and training

Any induction training materials should be provided both inEnglish and other relevant languages and should, where appropriate,include pictorial information and/or signage. Computer basedpackages could also be used, as might appropriately sub-titledvideos or other learning materials.

Whichever training methods are used, it is essential thatrecords of the training are kept.

Possible methods of delivery include:Buddy systems Competent work colleagues, fluent in the relevant languages,are assigned to work alongside new employees for a specificperiod of time, to provide necessary instructions and help.

Use of translators For complex roles, a translator may be required to assist in trainingworkers for whom English is not their first language. However, it isrecognised that this may only be cost effective where there are asignificant number of workers from the same language group.

Bilingual workersA solution in larger companies is to provide proficient bilingualworkers whose primary role is to provide a communication routebetween workers and supervisors and to carry out trainingand training verification procedures on behalf of supervisors,ultimately ensuring people understand and can follow safeworking procedures. Smaller companies operating in closeproximity may be able to pool and share bilingual resourcesas an aid to communication between workers and management.

Language training for managers and supervisors It may be more cost effective to encourage managersand supervisors to learn relevant foreign languages,or as a minimum to teach them key phrases in therelevant languages, to aid communication.

Use of pictorial information and signage Health and safety signs are a key form of communicationin the food manufacturing industry. The meaningsshould be covered during induction training, to ensureall workers understand the information presented.

Pictorial representation (as on page 13) can alsobe a powerful tool for communicating hazards andthe correct techniques to be followed.

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TRANSLATION - DALEPAK FOODS

Dalepak Foods was finding difficulty in securinglanguage assistance to deliver basic food hygieneand health and safety training for a group of employeesof Iraqi and Kurdish origin. To overcome the problem,two of the group from Iraq agreed to help with thedelivery of the basic food hygiene course. Duringthe training session, they translated everything thetrainers said into Kurdish. As a result the grouppassed their basic food hygiene exam followingverbal questioning from the paper.

One of the employees was then seconded to thetraining department for two weeks to translate allthe remaining documentation with the help of oneof the full time trainers. Documents translated includedthe induction procedure, the company handbook,application form and training records.

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05Key requirements forinduction and training

External advice and supportSmaller organisations may obtain help with providingtraining materials in different languages through Governmentfunded advice and support bodies such as BusinessLink(www.businesslink.gov.uk or 0845 600 9006).

These bodies can also offer courses such asESOL (English for Speakers of Other Languages),which are designed to provide workers with basicEnglish language skills.

Where appropriate it is also important to consult therelevant trade unions. The unions have extensive networksof learning reps and many food manufacturing siteshave union learning centres.

Many of the learning centres already run ESOL courses,and the TUC has worked with HSE to produce abasic leaflet on health and safety rights and trainingwhich is available in 20 languages atwww.tuc.org.uk/h_and_s/index.cfm?mins=403

17 18

Development of simple key safe systems of work It is possible to develop simple, picture-based safe systemsof work that do not depend on language.

Computer based trainingHealth and safety training can be delivered cost effectively by usingsoftware packages. Consideration should be given to translatingthese into relevant languages.

Multi-media optionsVideos and CD-ROMs are a cost-effective training aid, whichcan be subtitled or translated when appropriate. They can betailored to the needs of the business, and re-used many times.

They are useful, for example, to demonstrate emergency proceduressuch as fire evacuation, show the location of fire-fighting equipmentand first aid stations, and to identify key personnel such asfirst aiders and fire wardens.

THE USE OF PICTOGRAMS - STATESIDE FOODS

Stateside Foods was looking for a way to ensurethat all of their staff received clear, concise andeffective instructions when completing their gowningprocedure, to ensure that the company’s high standardsof cleanliness were maintained.

The use of visual documentation, such as the aboveexample produced by Technigraphics Systems Ltd,allowed them to remove large blocks of text thathad previously been used to convey information.

The company has now used this format to produceother instructions, including start-up and hygieneprocedures for a new line. This again ensuredthat everybody on the site received the samelevel of information.

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06Translation

Many employers ofmulticultural workforces

use translated materials.

It may be useful to have key health and safety documentstranslated into the most commonly used languages inthe business. However before translating commerciallyavailable materials, it is important to seek permissionfrom the copy-right holders.

It is also in the interest of employers to identify what languageskills exist within the workforce, and to make use of those skillsto communicate basic messages. However, employers shoulddo a health check on these language skills to ensure thatsubsequent translations provided by workers are of suitablequality. If members of the existing workforce are not sufficientlycompetent then accredited translators should be used instead.

The National Centre for Languages, CiLT, aims to promotea greater national capability in language and cultural skills forbusiness and employment. BLiS Services is a one-stop shopfor language and cultural expertise, and www.blis.org.ukoffers free on-line services developed to support thelanguage needs and skills of the UK workforce.

TRANSLATION - GREENCORE GROUP

The Greencore Sandwiches site in West Londonemploys over 600 people speaking around thirtylanguages in total, with the vast majority using Englishas a second language. Sri Lankan Tamil is spokenby around 40% of the factory floor workforce.

Other languages and cultures represented arefrom Africa, India, Nepal, Western, Eastern andCentral Europe and South America. While recruitmentprocedures ensure that all employees speak someEnglish, it is vital to ensure that colleagues caninteract effectively, understand instructionsand follow key procedures.

Three steps for clear communication1. Ensure that the English usedin the workplace is clearGreencore has reviewed the language used in allwritten communications and systematically revisednotices and manuals, using pictures and diagrams tosupport a minimum of text. With such a wide spreadof languages in the workforce - and sometimes lowlevels of literacy - translation is not necessarilythe only solution. The use of images and simpleEnglish text is a highly effective way of gettinginformation across to everyone.

2. Support employees in languagesother than EnglishEmployees need training in food hygiene and healthand safety, and the complex technical English inthe study materials and tests can present a barrier.Study manuals and key tests for the CharteredInstitute of Environmental Health are available in awide range of languages. Revision sheets and on-lineresources are translated into other languages wherenecessary. Greencore has also recruited a bilingualtrainer to deliver training in Sri Lankan Tamil, as aresponse to the dual challenge of low literacy levelsamong employees speaking the language andthe absence of published materials available.

3. Support colleagues to improve theirEnglish, literacy, numeracy and IT skillsA diagnostic has been piloted with sectionmanagers and team leaders to help determinetheir training needs. Employees are directed to localAdult Learning Centres for general support, andin-house English classes have also been offered.Other in-company training revolves around a mixof classroom and computer-based activities,giving those who prefer to study individuallythe option of working at their own pace.

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07Successful supervision

Supervision of workersis very important.

The supervisor must ensure that workersare able to understand:n what supervisors have said about relevant safety mattersn any safety instructions or trainingn what to do in an emergencyn how, when and to whom to report accidentsn what to do if they are unwell and cannot attend work,

including who they must contact

21 22

HUMAN RESOURCES POLICY- MATRIX OCCUPATIONAL HEALTH

A 34-year old male worker, originally from Iraq,was regularly taking days off work, giving many differentreasons. Only after his first disciplinary hearing forpoor attendance was he referred to the OccupationalHealth Adviser (OHA).

At the meeting with the OHA, the employee lookedunwell, with symptoms of tiredness, nausea, lethargy,back pain and severe headaches. He revealedthrough an interpreter that he had used his holidaysto cover poor health, as well as taking 15 separatedays of sick leave.

Further investigations revealed that he had notseen a doctor because he had not registered, anddid not know where to go or how to do it. The OHAadvised and arranged registration with a GP nearto his home. He was seen by the GP, and diagnosedwith kidney failure.

As a result of this case, advice was given to theemployer’s Human Resources department and supervisorsabout help that could have been given on induction,and the timing of the referral to Occupational Health.It was recommended that the induction programmebe modified to include information on how to registerwith a doctor and dentist, with interpreters availableto help if necessary.

It is important to set out clearly in the job descriptionsof managers and supervisors the specific actionsand behaviours that are required.

On initial introduction to the workplace, typical foodindustry hazards should be highlighted. For example,handling heavy loads, wet floors, machinery, chemicals,and workplace transport. Risks to be managed willinclude product integrity, hygiene, and effectivecommunication with, and control of, employees.

On being introduced to new activities or processes,training should be given as required to cover, forexample, the new machinery and/or chemicalswhich will be used.

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07Successful supervision

In addition to their normal supervisory role, which may includeinternal audits, inspections, and monitoring of accident data,managers and supervisors need to take a account of thefollowing cultural and linguistic differences.

ReligionIt is often wrongly assumed that individuals belonging to thesame or related religious groups are compatible. This misperceptioncan lead to poor working relationships and in extreme cases conflictat work. Examples include the relationships between Sunni,Shia, and Kurdish Muslims and in some parts of the UK,between Roman Catholics and Protestants.

CultureIn some cultures men do not readily accept instruction fromwomen. This can cause difficulties where women are insupervisory or managerial roles.

AgeIn some cultures older workers will not readily accept instructionfrom younger managers or supervisors irrespective of theirqualifications or experience.

BehaviourIn Western cultures eye-to-eye contact is generally accepted as apositive behaviour, but in some Eastern cultures it may be regarded asnegative or threatening and could be misunderstood. Similarly, physicalcontact, common in Western cultures, is unacceptable in some others.

StatusIn the Hindu religion, members of higher castes may nottouch members of lower castes.

DressMany religions have specific dress codes thatcan challenge general practices and policies inrelation to health and safety and/or food safetye.g. wearing of particular headgear or jewellery.

Food and fastingSome religions impose vegetarian restrictions andtheir followers will not wish to touch meat products.Others have specific fasting periods that needto be taken into consideration when arrangingbreak times e.g. Ramadan.

Religious observanceFollowers of some religions may need accessto prayer facilities at various times of the day.

Fear of authorityMany overseas nationals have come from cultureswhere workers have little or no protection in law.This may lead to individuals being unwilling to voiceconcerns over health and safety issues, or in relationto racism, bullying or victimisation.

If these factors are not taken into account, there isthe potential for workers to be injured or otherwiseharmed. For example, an employee who has noteaten and is working long hours may be tired and lessaware of his/her surroundings, increasing the riskof e.g. slips, trips and falls. However, care shouldbe taken to avoid generalisations in relation toany particular culture, race or religion.

Employers who wish to find out more informationon other religions may find the following sourcesof information useful:Appendix 2 of the ACAS Guidance on religion and beliefcontains information on the most commonly practisedreligions and beliefs in Britain, based on the recent census:www.acas.org.uk/publications/pdf/guide_religionB.pdf

Many religions have their own websites and informationon the major religions is available from the Multi-Faithcentre at Derby University: www.multifaithnet.org

The Interfaith Network, working towards building betterrelations between the communities of all the major religions:www.interfaith.org.uk

www.startinbusiness.co.uk/hols/festivals.htmprovides a list of the main holy days forthe principal religions.

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Appendix i

LEGISLATION(A) Health and Safety

Section 2 (2)(c) of theHealth and Safety at

Work etc Act 1974requires that employers

provide “such information,instruction, training and

supervision as is necessaryto ensure, so far as

is reasonably practicable,the health and safety atwork of…. employees.”

The requirement is supplemented by Regulation 10 ofthe Management of Health and Safety at Work Regulations1999, which requires employers to provide their employeeswith comprehensible and relevant information on,amongst other things:(a) the risks to their health and safety identified by risk assessments;(b) the (relevant) preventive and protective (control) measures.

The supporting Approved Code of Practice to the regulationsgoes on to say that ‘the information provided should be pitchedappropriately, given the level of training, knowledge and experienceof the employee. It should be provided in a form which takesaccount of any language difficulties. Information can be providedin whatever form is most suitable in the circumstances, as longas it can be understood by everyone. For employees with littleor no understanding of English, or who cannot read English,employers need to make special arrangements. These couldinclude providing translation, using interpreters or replacingwritten notices with clearly understood symbols or diagrams’.

Duty holders can face a fine of up to £20,000 on convictionin the Magistrates Court or an unlimited fine if the prosecutionis referred to the Crown Court. There are also provisionsunder the legislation for individuals on conviction to beimprisoned for up to two years.

(B) Discrimination LegislationEmployers have a duty under the Race RelationsAct 1976 (as amended) (“RRA”) and under theEmployment Equality (Religion or Belief) Regulations2003 (“Religion or Belief Regulations”) not todiscriminate against workers on the grounds of race,ethnic and national origins, religion or colour. Bothpieces of legislation provide protection to a widecategory of individuals, including (but not limited to)job applicants, employees and contract workers.Furthermore, both the RRA and the Religionor Belief Regulations apply to all stages ofthe employment relationship including:n recruitmentn the terms and conditions of employmentn benefits provided during the course

of the employment relationshipn promotion and trainingn dismissaln post-termination discrimination/harassment

An employer can be vicariously liable under thelegislation for the actions of its employees unless itcan show that it took all reasonable steps to preventthe discrimination from occurring. Such steps wouldinclude training employees on their legal obligations,having in place an up to date equal opportunitiespolicy and regularly monitoring its effectiveness.There is no limit on the amount of compensationthat can be awarded in the event of a successfulclaim, including an award for injury to feelings.

An employer’s motive will also be irrelevant in determiningwhether or not discrimination has occurred. Accordingly,employers need to be careful when balancing theirobligations under the health and safety legislation toensure that they do not unintentionally discriminateagainst workers because of concerns, for example,as to whether a particular candidate whose Englishmay be weak, is able to understand oral instructionsor any health and safety notices on machinery.

(C) Conduct of Labour ProvidersThe Conduct of Employment Agencies and EmploymentBusinesses Regulations 2003 (“the Conduct Regulations”)aim to secure the proper conduct of labour providers andto protect the interests of both business and work-seekers.

The main body of these Regulations cameinto force on 6 April 2004.

In short, they require labour providers to act to ensurethat a work seeker is suited to a vacancy, in terms ofexperience and qualification and to establish with theemployer that any risks arising from the employmenthave been controlled. There is an ongoing duty onthe labour provider to inform the employer shouldit receive information which suggests that the workseeker may in fact be unsuited to the role.

The entering into a service level agreement with alabour provider can give effect to these Regulationsand allocate responsibility for other responsibilitieswithin the employer function.

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Appendix ii

HSE PublicationsEssentials of Health and Safety at Work (1994)0 7176 0716X £5.95

Management of Health and Safety at WorkRegulations 1999: Approved Code of Practiceand Guidance (2000)0 7176 2488 9 £8.00

HSG183 Five Steps to Risk Assessment:Case Studies (1998)0 7176 1580 4 £6.75

INDG163: Five steps to Risk Assessment (Free leaflet)

INDG259: An Introduction to Health andSafety: Health and Safety in Small Businesses(Free leaflet) Also available in Chinese,Turkish, Gujarati, Punjabi, Urdu and Bengali

INDG275: Managing Health and safety:Five steps to success(Free leaflet)

INDG322: Need help on health and safety?:Guidance for employers on when and howto get advice on health and safety (2000)Leaflet - Free single copy

INDG343: Directors’ responsibilitiesfor health and safety (2001)Leaflet - Free single copy

Reduce risks, cut costs: the real costsof accidents and ill health at work (2002)Leaflet - Free single copy

Further informationand guidance available from:HSE InfolineTel: 0845 345 0055E-mail: [email protected]

Copies of the abovepublications available from:HSE BooksPO Box 1999, Sudbury, Suffolk CO10 2WATel: 01787 881165 Fax: 01787 313995E-mail: [email protected]

Information and guidance on managing health and safety

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REASONABLE PRACTICABILITY - FOODCO LTD

The phrase ‘reasonable practicability’ essentially means that the employershould balance the risk against the steps needed to avoid or control it.The greater the risk the more should be done to eliminate it. Where a riskis insignificant and the costs (in time, effort or money) involved in adoptingmeasures to eliminate or control it are high, those controls need not beimplemented. Where a risk is high and the costs of eliminating or controllingit are minimal, those measures would be seen to be reasonably practicable.

FoodCo Ltd has engaged agency workers in order to meet increasedorders. The company is aware of its duty to inform its food handlers of thedangers that forklift trucks pose in the workplace. During induction training,they warn them of the need to observe segregation. Refresher trainingis carried out at appropriate intervals. They have also adopted physicalsegregation using bollards and hatched areas.

However, the company assumed that their English language trainingwas understood by their Eastern European workers. They did nottake steps to test the workers’ understanding of the safety measures,nor did they consider the need for a translator or the need tocommunicate the hazards pictorially.

When one of their Polish staff was hit by a forklift truck and taken tohospital, the Health and Safety Executive (HSE) investigated the accident.HSE formed the view that FoodCo Ltd had failed in its duty to ensure, sofar as was reasonably practicable, the safety of that individual. They said itwould have been reasonably practicable to ensure that he understood thehazards he faced in that workplace. The company was prosecuted underthe HSWA 1974 and twelve months later was fined £15,000 in the localMagistrates Court and required to meet the costs of the HSE’s investigation.

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Appendix iii

Guidance on creatinga positive health and

safety environment in amulticultural workplace

1. Health and Safety Policiesn Must be created and endorsed by senior management.n Must specifically recognise multicultural workforces

and be reflected in all Human Resource policies.n Must be communicated to all employees in a manner that

ensures all personnel understand the policy and its implications.n Must be promoted in induction processes and communicated

in (all) relevant languages.n Should be posted on notice boards in relevant languages.

2. Organisationn Clarify the roles and responsibilities of managers and

supervisors including specific issues and responsibilitiesin respect of multicultural workers.

n Train supervisors and managers in human/behaviouralfactors in preventing accidents, and issues relevantto diverse cultures and languages.

n Ensure managers and supervisors understand essentialhealth and safety, employment and discrimination legislationand their application to the whole workforce.

n Ensure effective supervisory and monitoringarrangements are in place.

n Implement procedures to deal with staff, supervisorsor managers who do not comply with arrangements formanaging multicultural workers.

3. Planning & Implementationn Establish Action Plans to meet policy

requirements at site and department levels.n Establish Reactive performance indicators to

enable monitoring of incidents involving all workers.n Establish Active performance indicators

to ensure arrangements are complied with.

These may include:n Induction trainingn On job trainingn Pre-employment health screeningn Training recordsn Safety inspections

4. Monitoring and Auditing Compliancen Allocate resources to collect, collate and analyse

Reactive and Active performance indicators.n Monitor performance indicators monthly and

identify any trends/issues directly associatedwith multicultural workers.

n Update senior management on performanceat regular periods.

n Implement procedures for action where trendsare unacceptable e.g. where high levels of accidentsto multicultural workers have been identified.

n Implement audit procedures to ensure that thesystems and procedures in place for managingmulticultural workers are effective and complied with.

6. Reviewn Carry out regular reviews involving site

management to consider Reactive and Activeperformance indicators and audit findings.

n Implement any recommendations that will improvethe management of multicultural workers.

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31

List of contributorsRuth Blair Northwest Food AllianceTom Chambers Greencore GroupNaeema Choudry Eversheds LLPChris King Uniq plcChris Lamb Health & Safety ConsultantTahir Mehmood Greencore SandwichesJohn Nevitt Tulip UK LtdJohn Nixon Improve LtdSarah Taylor Eversheds LLPGraeme Walker Health & Safety ExecutiveJackie Wooldridge Northern Foods

AcknowledgementsThe Northwest Food Alliance is grateful tothe following contributors to this publication:Alliance HRCiLT (the National Centre for Languages)Notts/Lincs Food Industry Safety Advisers GroupMatrix Occupational HealthStateside FoodsTechniGraphics Systems Ltd

Photography reproduced with kind permissionof Greencore Group and Improve Ltd.

DisclaimerThe content of this guidance is of general interest and is not intendedto apply to specific circumstances. The content should not, therefore,be regarded as constituting legal advice and should not be relied onas such. In relation to any particular problems which they may have,readers are advised to seek specific advice. The Northwest Food Allianceand the contributors to this guidance cannot accept responsibilityfor actions taken on the basis of this guidance alone.

This publication may be freely reproduced, except for advertising,endorsement or sale purposes. The information it contains is currentat March 06. Please acknowledge the source as Northwest Food Alliance.

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Northwest Food Alliancethe Heath - Runcorn - Cheshire WA7 4QX

t 01928 513777 f 01928 581330e [email protected]

www.nwfoodalliance.co.ukThis document will be available online at www.nwfoodalliance.co.uk, and will continue to develop as more examplesof good practice are collected. Any comments or input should be submitted via [email protected]

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