Legal spotlight - September 23

RECENT STATISTICS published by the Health and Safety Executive (HSE) remind employers of their obligations to ensure the safety of their workplace as well the health of their workers and other affected by their activities. 

Annual figures on workplace fatalities for 2022/23 (Work-related fatal injuries in Great Britain, 2023 (hse.gov.uk)) show that 135 workers and a further 68 members of the public were killed in work related accidents in the period. The figures do not include fatal diseases or fatal accidents on non-rail transport systems. Nor do they include figures for suicides, although it is worth noting that the recent death of a head teacher has prompted renewed calls for the HSE to investigate every work related suicide. 

Construction continues to account for the greatest number of worker fatalities, with 45 this year up from 35 last year.  However, when considered as a fatal injury rate per 100,000 workers employed, agriculture, fisheries and forestry accounts for the highest rate, at 21 times the all industry rate, with the waste and recycling sector at ten times as high and the construction sector at four times as high.   

Falls from height remain the most prevalent cause of fatal injury, followed again by being struck by a moving vehicle and struck by a moving object. The risks associated with both, and in particular from working at height are well-known. The fact that these causes continue to make the headlines will not go unnoticed by the HSE’s inspectors. The statistics are likely to inform their inspections, so employers should take note.

While much has been written recently about the HSE’s focus on health and wellbeing, and on their associated campaigns and initiatives, including “Working Minds” and “Dust kills”, the obligation to ensure the safety of workers and others, insofar as reasonably practicable, must not be forgotten. Risk assessments must be carried out for all aspects of work and work must be properly planned, with zero tolerance for non compliance. Risk assessments should take into account all information available, as well as industry knowledge, to identify foreseeable risks, with adequate control measures put in place to eliminate or reduce risk. These should also be kept under review, and re-considered should any accident or near miss occur.

Risk assessments must take into account any potential vulnerabilities of workers/others, including age.  The HSE statistics show that a quarter of fatal injuries in 2022/23 were to workers aged over 60, even although such workers made up only 11% of the workforce, a rate of around twice the all ages rate. Confirmation that older workers are disproportionately impacted by fatal injuries is something that employers should factor into their health and safety risk assessments. 

The potential for complacency should also be factored into risk assessments and addressed. However, whilst employers shoulder the bulk of the responsibility for the health and safety of their workers and others affected by their activities, workers also have health and safety obligations. The Health and Safety at Work etc Act 1974 requires them not only to take reasonable care for their own health and safety and that of others affected by their activities but also to co-operate with the employer to enable the employer to fulfil their duties.

Suitable, adequate and regularly refreshed training must be provided for all levels of worker and a culture of compliance must permeate the whole of an organisation, with workers encouraged and empowered to speak up if they witness or are concerned about health and safety issues, without fear of reprisal. The trend for hefty fines for failures continues, not to mention the potential for catastrophic human cost.

Kevin Bridges is a partner and head of health and safety at Pinsent Masons. For more information, visit www.pinsentmasons.com