HEALTH & SAFETY IS IT WORTH IT?


Overlooking ‘small’ workplace risks can lead to serious consequences for both staff and employers. Bill Dunkerley, Regulatory Lawyer at Pannone Corporate, explains why thorough risk assessments aren’t just best practice, they’re a legal necessity.


No one goes into work not expecting to return home at the end of the day. But unfortunately accidents can and do happen and, anecdotally, oſten occur in circumstances outside an organisation’s core experiences and day-to-day activities.


Whilst healthcare providers are well-versed in the obligations placed on them, in terms of the care they provide and maintaining appropriate care records, it can be easy for them to inadvertently overlook the parallel duty of care they owe to their own employees.


In addition to the requirement to provide safe care and treatment under the Health and Social Care Act (Regulated Activity) Regulations, the Health and Safety at Work etc Act 1974 imposes on all employers a non-delegable duty to ensure, so far as is reasonably practicable, the health, safety and welfare of employees whilst at work. Breach of this duty is a criminal offence. The law does not require the elimination of all risk, but rather requires employers to do that which is reasonably practicable in the circumstances.


Inherent within this requirement is the need to identify the likely risks arising, and appropriate control measures. All employers are mandated to undertake and – in instances where there are more than five employees – document the findings of their assessment.


WHAT DOES THE LAW REQUIRE?


The Management of Health and Safety at Work Regulations 1999 requires employers to undertake a suitable and sufficient assessment of the risks to the health and safety of their employees to which they are exposed to whilst at work.


In addition, the assessment should identify if further remedial action is required, and provide details as to when and by whom further control measures will be implemented. Risk assessments do not operate in a vacuum and there should also be procedures in place to review and, if necessary, update assessments on a regular basis, or when a business’ risk profile changes.


This is not just a tick-box exercise, or the creation of paperwork


for the sake of it, but requires employers to really think about the risks to which employees may be exposed and take steps to reduce them as far as reasonably practicable. Failing to discharge this duty, or preparing an assessment which is neither suitable nor sufficient, are both offences punishable by criminal sanction. For example, where an employee undertakes an activity which is not covered by a risk assessment, such as accessing loſt space for the purposes of a legionella or maintenance inspection, and falls from height, that will likely be extremely difficult to successfully defend as it will not be possible to demonstrate (by reference to a written document) that the employer has addressed its mind to the risks associated with working at height. In addition, that employer will also likely have breached their over-arching duty to ensure the safety of employees whilst at work, and may be punished separately for that offence.


WHAT CAN CARE BUSINESSES DO?


It can be easy to overlook discrete activities undertaken by employees, especially those undertaken infrequently or outside the core business, but that is no defence to enforcement action.


We therefore recommend that healthcare employers: • Dedicate time to reviewing and benchmarking all their existing workplace risk assessments, to ensure their continued suitability, sufficiency and accuracy.


• Where deficiencies are identified, or additional control measures are required, clearly allocate responsibility and specify a period for remediation.


• Address their mind to additional risks arising which may not currently be contained within any documented assessments.


• Communicate the results of that assessment to employees and ensure that any associated actions – such as training, provision of PPE and SSOWs – reflect the assessment and are made available to those employees likely to affected.


• Prescribe a timescale within which those documents will continue to be reviewed in the future – for example every year, and/or on the occurrence of adverse incidents.


https://pannonecorporate.com


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www.tomorrowscare.co.uk


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