Spend your health and safety budget wisely

Understanding what health and safety law requires is a priority for every organisation!

Suppose the Company or Organisation’s responsible persons don’t fully understand what the Law requires from them, what an excellent robust standard looks like.

In that case, they could be spending money on something that will not prevent harm or protect the organisation from prosecution.

It’s not unreasonable to assume this multinational food and drink processing corporation used their health and safety budget on updating and reviewing policies, procedures, designing training regimes and employing health and safety professionals.

However, still, they were unable to prove compliance after a worker was injured!

The Cost

It doesn’t matter how big your health and safety budget is or much you spend on health and safety if what you put in place falls below the required standards. Your health and safety budget is not the problem nor the answer; the proof is.

It is imperative you spend your health and safety budget wisely – as no company has unlimited resources. It would be best if you prioritised implementing frontline standards to prevent harm and ensure you can defend a legal and civil claim.

The Company included in our Safety Alert 089 highlights a common problem; companies use extensive resources and paperwork to devise a robust health and safety standard, but fail to implement – Great intention with no implementation reveals low standards.

The Law

The Law requires companies to ensure so far as is reasonably practicable, the health, safety and welfare at work of all his employees.

Even with all the paperwork, training, and maintenance regimes, this Company had in place; there was a failure to implement a robust standard ensuring workers’ health, safety, and well-being while operating this production machine.

Yes, they provided the Enforcement Officer evidence of how they intended to reduce risk. Still, they could not prove they had implemented standards minimising the risk to as low as is reasonably practicable.

This case and the associated £640,000 FINE should compel you to ask yourself; How robust is your implementation (proof) of health and safety?

The HSE (Health and Safety Executive) finished off their press release by stating:

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

Regulation Breached?

The specific piece of legislation breached by the Company in the Safety Alert 089, explains that people and companies who own, operate or have control over work equipment, whether owned by them or not, have duties under PUWER (Provision and Use of Work Equipment Regulations).

The Provision and Use of Work Equipment Regulations 1998 (PUWER) place duties on people and companies who own, operate or have control over work equipment, whether owned by them or not.

As a Company or Organisation, you must ensure:

• The equipment is suitable for the intended use,
• Safe for use, maintained in a safe condition and inspected to ensure it is correctly installed and does not subsequently deteriorate,
• Used only by people who have received adequate information, instruction and training,
• Accompanied by suitable health and safety measures, such as protective devices and control, These will typically include guarding, emergency stop devices, adequate means of isolation from sources of energy, clearly visible markings and warning devices.

The downloadable Safety PAL (PLAN ACT LEARN) Safety Alert 089 will help you review your standards and implement a robust standard that meets legislation.

Health and Safety Civil Law

The HSE press release (link in the Safety Alert 089) does not report any civil costs (Injury claims) associated with incidents and accidents.

Under civil Law, if someone has been injured or made ill through your negligence as an employer, they may be able to make a compensation claim against you.

You can also be found liable if someone who works for you has been negligent and caused harm to someone else.

If a claim is successful, a court may make a judgement against you, and award money (‘damages’) to compensate for the pain, losses and suffering caused.

Useful links

• Regulation 11 Provision and Use of Work Equipment Regulations – https://www.legislation.gov.uk/uksi/1998/2306/regulation/11/made
• Health and Safety Executive Press Release – https://press.hse.gov.uk/2021/01/13/company-fined-after-worker-traps-arm-in-machine/
• Not knowing your role and responsibility is dangerous – https://yoursafetypal.com/health-and-safety-roles-and-responsibilities/