www.glasgowchamberofcommerce.com 41
Don’t fall short in the H&S stakes
H
ealth and Safety regulations exist to provide protection in the workplace.
That means they simply have to be a priority for any and every employer.
For the most part, this is
a reserved issue handled from Westminster under the Health and Safety at Work Act 1974. The regulations apply to all businesses, no matter how small. As an employer, you are responsible for health and safety in your business. Management of a safe
working environment will be straightforward for many Glasgow businesses. Much of it is common sense and involves taking practical, risk- assessed steps to protect not only your people, but also the future development of your business.
A secure working
environment matters to your staff and will bring its own productivity rewards. In general, UK companies and organisations manage health and safety issues well. According to the
Health and Safety Executive (HSE), we consistently have one of the lowest rates of fatal injury in the EU, and a similar level of non-fatal injuries when compared to other large economies. Nevertheless, the cost
of illness or workplace accidents across Great Britain is high, at very nearly £15 billion in 2015/16: in Scotland alone it was more than £1 billion.
Fines handed out in 2016/17 – now related in size directly to the turnover of organisations – amounted to £69.9 million. In the same period, there were 19 fatalities in Scotland, compared to 108 in England and 10 in Wales.
Clearly, employees in some sectors are more at risk than others, with agriculture, forestry, fishing, construction and wholesale among those at the top of the list for injury.
The HSE reinforces the message that complying with health and safety legislation need not be difficult, and the consequences of not doing so can be extremely serious. There may be fines to be paid – sometimes very substantial fines – and compensation awards. Insurance can cover the awards made, but it will not cover fines. Making sure you have adequate cover for these kinds of challenges is underlined once again. Lawyers tend to become
Elena Fry
involved with health and safety matters after a claim has been lodged and an insurer has refused to pay out. Elena Fry is Head of the Insurance and Risk Team at the Scottish legal firm Brodies. “It pays to be proactive rather than reactive,” she says. “It’s not only the reputational value of a company that
may be severely damaged but the financial cost of a claim, particularly if there is a fatality, can be enough to destroy a small business.” Where there is negligence or other breach of health and safety legislation, then there may be fines to pay and perhaps a criminal investigation. Your insurance policy will not protect you against your own failures. Elena adds: “It’s never a one size fits all issue. Insurance policies are bespoke. Businesses should have a qualified and reputable insurance broker assess the business risks and work with the business to put the correct insurance cover in place. “Employers should review
insurance cover at least annually to ensure it is still relevant to the business’ needs. In addition, they should ensure that all staff are fully aware of workplace rules. “Involving the workforce in the management of health and safety is very important. Take into
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