Health & Safety Law
Related Information
Health & Safety law for employers
Health and Safety law is a live issue for any employer as they are responsible for the safety of not only their employees both in the workplace and beyond but anyone else on their premises, be it visitors, clients, agency workers or otherwise.
The Health & Safety Executive (HSE) is under a duty to investigate and may take enforcement action against anyone who they have reasonable grounds to believe have failed (so far as is reasonably practicable) to safeguard the health, safety and welfare of employees and others who they may come into contact with.
There are various methods that employers can use to help ensure that safety standards are maintained, risks are minimised and most importantly, individuals are safe.
In the unfortunate event that a serious incident should occur, there are key steps and vital responses that employers can implement, not only to prevent the risk of future occurrences and to safeguard individual safety, but also to minimise any potential liability.
Step 1 – Prevention
There can be no question that prevention is better than cure. Employers should ensure there are, at the very minimum, health & safety policies complying with industry standards, proper recorded risk assessments, training, information and instruction, from suitably qualified people, and in a manner that ensures information is efficiently cascaded to individuals and also ensuring any risks or concerns can be notified and resolved. Any risk should be assessed with regard to each and every individual and their particular circumstances. Risk assessments and any training should be recorded and all equipment and training should be sufficient having regard to the specific needs of the individual in question.
Step 2 – Insurance
It is always advisable to check that insurance policies are up to date and are broad enough to cover your risks. Many insurance brokers will tell you that an employer who has taken time to implement high standards of health and safety to protect staff will be reflected in a reduction in premium. Aside from any prosecution by the HSE, employers are required to maintain insurance to cover any potential civil claim that might be brought against them for any breach of health & safety legislation.
Step 3 – What to do if an employee is injured
You must decide whether the injury requires reporting to the HSE.
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (“RIDDOR”) place a duty on employers to report certain injuries to the HSE. We would be happy to advise you on this, but in brief, claims that include, fatal, major and over 3-day injuries will be reportable. It is an offence not to report an injury required by RIDDOR.
Step 4 – HSE Investigations
The HSE is empowered to investigate any matter referred to them where they believe there may have been breach of Health & Safety legislation. An investigation may be prompted as a result of a RIDDOR report, a civil claim, a disgruntled employee, whistle blower or similar. HSE inspectors have wide powers of investigations and it can be an offence to obstruct them in the proper performance of their duties.
The first you may be made aware of a potential HSE investigation is an inspection or an invitation to attend an interview under caution pursuant to the Police and Criminal Act 1984 (“a PACE interview”).
We strongly recommend that you take legal advice at this point to ascertain the strengths and weaknesses of your case. The steps taken at this point in time will have far reaching consequences, not only in terms of a potential criminal prosecution brought by the HSE but also any civil claim that may be brought by the individual involved.
At Furley Page we will offer a quick, 'hands on' early determination of your case and can advise firstly, whether to attend a PACE interview and the steps that should be take in response. Dependant on the strengths and weaknesses of any case we can advise you whether to attend an interview, whether to respond to the questions put and the steps that should be taken and the measurements implemented to safeguard against any future ramifications.
The HSE do provide guidance and procedures, relevant to specific process, industries and individuals at risk which can help to assist in reducing, as far as is reasonably practicable, risks to individuals.
Step 4 – Mitigation
We also recognise that there are unfortunate situations where procedures may not be followed and employees may fall short of the standard expected from them. Even in a situation where liability is established, we can assist you in severely mitigating any sanction, including fines which the HSE may seek to impose.
There are various ways of achieving this but undoubtedly the most effective is to agree a schedule of aggravating and mitigating factors (a so called “Friskies Schedule” named after the famous case in which the Court of Appeal laid down guidance on the factors to be considered when determining the level of any fine).
Employers, who have documentary evidence of the measures implemented, will undoubtedly reduce any potential liability and the severity of any sanction imposed in the unfortunate event standards do fall short of the mark.
For further information please contact George Crofton-Martin or Deborah Geering on 01227 763939.
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