CALLING ALL
READERS
We want to hear your employment
law issues. Send us your dilemmas to
feature here next month.
Email: chris.beck@markallengroup.com
Know your law...
Under the RIDDOR
Regulations,
employers must
report any incident that occurs in
the workplace and results in serious
injury or death within ten days of
the incident occuring, or face a fine
and potentially a prison term
acts in a balanced manner and
does not take sides, which
could result in claims of
unfairness and discrimination
– for example, by transferring
a female member of staff to
another shift/part of shopfloor,
but taking no action in relation
to a male member of staff.
Furthermore, in some
circumstances, conduct directed
towards a staff member in a
situation where there has been
a breakdown in a personal
relationship, can amount to
unlawful harassment for which
the nursery could be liable. It
is important therefore that any
grievances that are raised in
these circumstances are taken
seriously, quickly investigated
and action taken to resolve.
We run site visits for other
companies who want
to see best practice in action.
As part of these, we tour
them around our busy factory
floor. We brief all visitors
on safety – in particular, the
importance of sticking to the
clearly marked walkways.
However, we have experienced
several people straying from
these areas to have a closer
look at various things around
the factory, and putting
themselsves at risk. What
is our legal responsibility if
someone was injured after
failing to follow instructions?
There is a risk of liability for
the factory, as the factory owes
a duty of care as occupier of
the premises. The factory could
be held liable for a visitor who
is injured unless it can show
that it took all reasonable care
to ensure the visitors would
be kept reasonably safe during
their visit. Such reasonable
steps could include an
assessment of the risks posed
by site visits, provision of
appropriate information within
health and safety briefings
and the provision/use of the
appropriate PPE.
Where an assessment of
the risks posed has identified
the risks of visitors straying
from the walkways, but,
despite safety briefings, has not
prevented the issue occurring,
additional steps to address
the risk should be undertaken
by the factory. For example, it
may be appropriate to limit the
areas of access by the visitors,
limit the group size or have
additional people chaperone
the visitors. Put simply, where
a particular risk-avoidance
method has not resulted in
the risk being successfully
addressed, further action
is required to demonstrate
that the factory has taken
reasonable care to keep their
visitors safe.
Bear in mind the visitors to
your site will also have health
and safety duties primarily to
take care for their own safety
and that of others who may
be affected by their acts or
omissions. As part of their pretour
health and safety briefing
you may consider reminding
them of those duties and
advising that they must stick to
the clearly marked walkways to
comply with those duties.
Facts:
135,000
self-reported injuries
in the workplace
with over five days’
absence in 2017/18
Source: Labour Force Survey/HSE
www.manufacturingmanagement.co.uk 13
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