Following an unprovoked attack by a group of men on a pizza delivery driver over the weekend, employers will be keenly aware of the risks lone workers face. While it could be argued that this was an isolated incident, it follows a report earlier in the year in which Irish Rail revealed that it was required to respond to more than 1,000 incidents of anti-social behaviour in the last 18 months. As lone workers are particularly vulnerable to the risks of anti-social behaviour, employers must be mindful of how employment that requires solitary work impacts on their legal duty to ensure the health & safety of their employees.
Employer duty to plan safe working arrangements for lone workers
The principal duty of employers under health & safety legislation is to identify the hazards in the workplace and to assess the risks to employee safety and health presented by such hazards. The Safety, Health and Welfare at Work Acts, 2005 and 2010 and the Safety, Health and Welfare at Work (General Application) Regulations 2007 to 2016 require employers to carry out risk assessments and prepare an appropriate safety statement.
Organisations that employ lone workers should develop specific safe-working arrangements that apply to any persons who work on a solitary basis.
The risk of violence or anti-social behaviour
Violence or anti-social behaviour represents a genuine hazard for employees who regularly interact with members of the public, clients and colleagues. Employers working in the law enforcement, education, healthcare, security and transport sectors are particularly vulnerable to risks elicited by the nature of the work frontline staff carry out.
Employers operating cash businesses must also consider the risks associated with requiring staff to work on a solitary basis.
Supports to avoid and recover from violent incidents
Lone workers who are at risk of being exposed to anti-social behaviour should receive training and support to assist them with the recognition and avoidance of violent situations. If employees are exposed to a violent incident, a rehabilitation programme should be arranged to help employees make a full recovery.
Counselling should also be provided to employees who suffer from trauma following a work-related violent incident.
How do employers reduce the risks faced by lone workers?
Organisations that operate lone worker employment practices should consider the following issues:
- Are lone workers at more risk than comparable employees working in a team environment?
- Are lone workers capable of controlling the risks associated with the work?
- What training should be provided to the lone worker?
- How is the lone worker supervised?
- How often should the lone worker report in?
- Is there a risk of violence?
Once employers have identified the specific risks associated with solitary work, they will need to design and implement appropriate safeguards to protect against such risks. Relevant preventative measures could include securing the workplace layout, providing self-defence training, reviewing cash-handling systems or providing mobile communications devices.
What are the lone worker’s responsibilities?
While employers have strict statutory health & safety obligations to comply with, employees also have a responsibility to assist their employers in meeting their health & safety obligations.
In this regard, employees are required to:
- Take reasonable care to maintain their own health & safety.
- Take reasonable care to maintain the health & safety of other people affected by their work.
- Follow their employer’s health & safety procedures.
- Use tools and other equipment properly, in accordance with any relevant safety instructions and training they have been given.
- Report all accidents, injuries, near-misses and other dangerous occurrences.
Keep records
Employers must also ensure that any incidences of violence should be recorded internally as well as being notified to the Health and Safety Authority.
Key point for employers
Penalties for breaching health & safety law include substantial fines, imprisonment and publication of the names and addresses of those who have been subjected to prohibition notices.
Employers will not be in a position to entirely eliminate the risk of employees falling victim to anti-social behaviour at work but it is possible to minimise the threat of such risks.
Employers in high-risk sectors should carry out regular risk assessments to ensure any vulnerable employees are protected against all identified risks.
To learn more about how to satisfy your business’s health & safety obligations, please call the Peninsula 24-hour advice line on 0818 923 923 to speak with an advisor
